The New India Assurance Co. Ltd. v. Smt. Suvarna Bandu Kamthe And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2822 OF 2016 IN FIRST APPEAL ST. NO.19044 OF 2014 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 : 22nd August, 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 No.5 is one and the same. The Notice issued to Respondent No.5 is received unserved with remark "said Respondent not residing at given address. Respondent No.5 was the Opponent No.1 before the Tribunal and address mentioned therein is the same address given in these proceedings.

Respondent No.5 was proceed ex-parte before the Tribunal. Hence, there is no other way to serve Respondent No.5 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). Issue Publication Notice to Respondent No.5, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 22.08.16