United India Insurance Company Limited v. Shri. Shantilal Kalyandas Rana And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3453 OF 2016 IN FIRST APPEAL NO.1718 OF 2013 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for Appellant Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 14th 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.4 is one and the same. The Notice issued to Respondent No.4 is received unserved with remark "Not found at given address hence pasted".

Respondent No.4 was Opponent Party No.3 before the M.A.C.T., Mumbai and was served on same address. It is evident that Respondent No.4 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent No.4 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.4, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 14.09.16