Premila Shobhnath Giri v. Shriram B. Bind And ANR

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.12760 OF 2016 IN FIRST APPEAL NO.699 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 31st August, 2016 Remarks by the Department are incorrect. On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent No.1 is one and the same. The Notice issued to Respondent No.1 is received unserved with remark "Address not found". Respondent No.1 in the present Appeal was Opposite Party before the Motor Accident Claims Tribunal, Mumbai and he was absent.

Hence, there is no other way to serve Respondent No.1 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 (a). Issue Publication Notice to Respondent No.1 returnable after 8 weeks.

- sd/- Registrar (Judl.-II) dsm - R(J-II) - 31.08.16