Mr. Harpreetsingh Surindersingh Thandi v. Mr. Mahendra Laxminarayan Mishra And ANR.

62.3933.16-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO.3933/2016 in First Appeal No.16/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. Kruttika Pokale i/b. A. M. Gokhale for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 13, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking dispensing with the service on Respondent No.6 - owner of the offending motorcycle bearing No.Mh05/Q-4120. The learned counsel for the Applicant submits that none appeared on behalf of Respondent No.1 before the MACT, Thane in MACP No.681/2008.

Hence, the matter is decided exparte against him. He submits that they tried to serve the Respondent, but the Bailiff Report shows that the notice issued to Respondent No.1 returned unserved as not residing on the said address for 10Basavraj G. Patil 1/2

62.3933.16-caf.odt 15 years. She submits that In the present proceedings their main claim is agaisnt the Insurance Co. only.

Considering these facts and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application at the costs and consequences of the Applicant.

Hence, following order is passed a.

Service upon Respondent No.6owner of the vehicle is dispensed with at the costs and consequences of the Applicant.

b.

Civil Application stands disposed of accordingly.

c.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2