The New India Assurance Co. Ltd. v. Shri. Subhash Mahadeo Aadit And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2784 OF 2016 IN FIRST APPEAL ST. NO.16426 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 Poonam Mital for Applicant Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 25th July, 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 Nos.1 and 2 is one and the same. The Notice issued to Respondent No.1 is received unserved with remark "Not staying at mentioned address"

and Notice of Respondent No.2 returned unserved with Bailiff's remark "Gone out and no fixed time to be returned, hence pasted on outer door". Respondent No.1 is Applicant before the Trial Court and Respondent No.2 is Opponent No.1 in the Tribunal Court who is proceeded exparte.

Respondent No.1 has mentioned same address before the Tribunal. It is evident

that Respondent Nos.1 and 2 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent Nos.1 and 2 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 Nos.1 and 2, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 25.07.16