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Bombay High CourtCAF/258/2021allowed

The New India Assurance Co. Ltd. v. Mr. Bechan Prasad Maurya And ORS.

2021-09-27Shri. D.S. Deshmukh,Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.258 OF 2021 IN FIRST APPEAL (ST) NO.30833 OF 2016 Office Notice Office Memoranda of Coram Appearances, Court's Orders or directions Court's or Judge's Orders and Registrar's orders Adv. D.R. Mahadik present for Applicant.

None for the Respondent.

CORAM : D.S. DESHMUKH REGISTRAR (JUDL.-II) Date : 27th SEPTEMBER 2021 This matter has been placed for Substitute Services by way of the publication in newspapers viz.

"Navshakti" & "Free Press Journal" for Respondent Nos.1 to 7.

Perused records. It appears that notice issued through Bailiff to Respondent Nos.1 to 5 returned unserved with remark "Address could not be traced out, hence notice returned". Notice of Respondent No.6 returned unserved with Bailiff's remark "Address not found, hence returned.

Notice of Respondent No.7 returned unserved with Bailiff remark "Not residing at the same village".

.....2/-

- 2 - The addresses mentioned in above notices are similar addresses mentioned in Appeal Memo and also in Judgment of the Lower Court of M.A.C.T., Thane.

This is sufficient to allow the application regarding Substitute Service of Respondent Nos.1 to 7 by way of publication in daily newspapers viz.

"Navshakti" & "Free Press Journal".

In view of this, Civil Application for publication is allowed in terms of Prayer Clause (a), returnable by 6 weeks.

Sd/- Registrar (Judl.- II) ppg - R(J-II) - 27.09.2021