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Bombay High CourtCAF/985/2016allowed

Icici Lombard General Insurance Company Limited v. Mr Laxman Balbhim Devkate...

2016-08-26Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.985 OF 2016 IN FIRST APPEAL NO.1688 OF 2012 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 : 26th 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.1 is one and the same. The Notice issued to Respondent No.1 is received unserved with remark "said Respondent No.1 was residing on rent at above address, left the said room from last 2 years and present whereabout not known". Present Respondent No.1 was Applicant before Motor Accident Claims Tribunal, Pune and has given same address on which service of Notice in present Appeal was attempted. 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) and (b). Issue Publication Notice to Respondent No.1 returnable after 8 weeks.

- sd/- Registrar (Judl.-II) dsm - R(J-II) - 26.08.16