The New India Assurance Co. Ltd. v. Mr. Shobhanath Ramnnaresh Yadav And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3815 OF 2016 IN FIRST APPEAL ST. NO.11839 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 1st 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.5 is one and the same. The Notice issued to Respondent No.5 is received unserved with remark "Incomplete address". Respondent No.5 was Opposite Party in the proceedings before the Commissioner for Workmen's Compensation & Judge, Labour Court, Mumbai and he was served on the same address. Hence, it is evident that Respondent No.5 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent No.5 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.5 returnable after 8 weeks.

- sd/- Registrar (Judl.-II) dsm - R(J-II) - 01.09.16