The New India Assurance Co. Ltd. v. Mrs. Naina Alpesh Hariya And Another

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3742 OF 2016 IN FIRST APPEAL ST. NO.17979 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 : 26th August, 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.2 is one and the same. The Notice issued to Respondent No.2 is received unserved with remark "Respondent No.2 was not found at said address and no one given any information about said Respondent". Respondent No.2 in Civil Application and First Appeal was opposite party before M.A.C.T. Mumbai.

He was absent before the Tribunal. Hence, there is no other way to serve Respondent No.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 No.2 returnable after 8 weeks.

- sd/- Registrar (Judl.-II) dsm - R(J-II) - 26.08.16