The New India Assurance Co. Ltd. v. Mrs. Sujata Digamber Ugale And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2810 OF 2016 IN FIRST APPEAL ST. NO.31410 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 : 19th September, 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 "want of detail address". Respondent No.5 was Opponent No.2 in the proceedings before the M.A.C.T., Nashik and he was proceeded exparte. Hence, it is evident that Respondent No.1 cannot be served by regular mode of service. 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 (a). Issue Publication Notice to Respondent No.5, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 19.09.16