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Bombay High CourtCAF/2731/2016allowed

The New India Assurance Co. Ltd. Through Mumbai Regional Office-I v. Master Ronak Sunil Barman(Minor)Thr.Father And Guardian Mr. Sunil Durgeshwar Barman And ORS.

2016-07-27Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2731 OF 2016 IN FIRST APPEAL ST. NO.16213 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 27th July, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent Nos.2 and 3 is one and the same. The Notice issued to Respondent Nos.2 and 3 is received unserved with remark "Not residing at given address, present whereabout not known". Respondent Nos.2 and 3 in the present proceedings are the Opponent Nos.1A and 1B before the Tribunal. They were proceeded exparte. Hence, there is no other way to serve Respondent Nos.2 and 3 except by way of Publication of Notice in local Newspapers as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (b) and (c). Issue Publication Notice to Respondent Nos.2 and 3, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 27.07.16