The New India Assurance Co. Ltd. v. Dinesh Bhikuram Jaiswal And ORS.

5.3736.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3736/2014 IN CIVIL APPLICATION NO.2432/2012 IN CIVIL APPLICATION NO.2435/2012 IN FIRST APPEAL (ST) NO. 14663/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ramesh Cheulkar for the Applicant Mr. T. J. Mendon for the Respondent CORAM : K. K. TATED, J.

DATE : JANUARY 12, 2016 P.C.:

1.

Heard. This Application is made by the Insurance Company for restoration of Civil Application No.2432/2012 against Respondent No.2 which was dismissed in view of conditional order dated 16/04/2014 and for substitute service on the said Respondent.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

5.3736.14-caf 3.

Hence, the following order:

a) Conditional order dated 16/04/2014 passed in Civil Application No.2432/2012 is recalled. b) Civil Application No.2432/2012 is restored to file against Respondent No.2.

c) The Applicant is permitted to serve the Respondent No.2 in Civil Application No.2432/2012 by substitute service under Order V Rule 20 of the Code of Civil Procedure, 1908 by publication in two leading news papers, within 8 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2