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Bombay High CourtCAF/2834/2016allowed

Shiamak Fali Marshal And ANR. v. Mr. Munir Bashir Shaikh And ANR.

2016-08-24Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2834 OF 2016 IN FIRST APPEAL ST. NO.14306 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 : 24th 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 "want of complete address". Respondent No.1 was the Opposite Party before the Motor Accident Claims Tribunal, Mumbai.

He was absent before the Tribunal. 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 (1).

Issue Publication Notice to Respondent No.1 returnable after 8 weeks.

- sd/- Registrar (Judl.-II) dsm - R(J-II) - 24.08.16