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Bombay High CourtCAF/4704/2016allowed

Royal Sundaram Alliance Isnurance Company Ltd. Through Mr. Manish S. Waghmare Manager Legale v. Mrs. Vinaya Undaybabu Shah ORS.

2016-12-05Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4704 OF 2016 IN FIRST APPEAL NO.1142 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 : 05th December, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that addresses of Respondent Nos.3 and 4 are one and the same and also in Lower Court Judgment. The Notice issued to Respondent No.3 is returned unserved with remark "Incorrect address" and Notice of Respondent No.4 is returned unserved with remark "No such person by the name of Respondent No.4 residing at said address".

Respondent No.3 and 4 were Opponent Nos.1 and 2 before M.A.C.T., Pune and were proceeded ex-parte. Hence, there is no other way to serve Respondent No.3 and 4 except by way of Publication of

Notice in local Newspapers namely "Dainik Jagran" and "Hindustan Times" as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (b).

Issue Publication Notice to Respondent No.3 and 4.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 05.12.16