The New India Assurance Co Ltd v. Omprakash Chandilal Gupta And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1918 OF 2019 IN FIRST APPEAL ST. NO.23107 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Shri S.M. Dange Present for Appellant.

CORAM : V.R. KACHARE REGISTRAR (JUDL - II) Date : 19th June, 2019 This matter has placed for substitute service by way of the Publication in Newspapers namely "Daily Yashobhumi"

and "Free Press Journal".

Perused records. It appears that Notice issued through Bailiff to Respondent No.5 returned unserved with remark "Not residing at given address since last 3 years". Moreover, R.P.A.D. Notice issued to Respondent No.5 is returned unserved with postal remark "Not known".

The addresses mentioned in above Notices are similar addresses mentioned in Appeal Memo and also in Judgment of the Lower Court of The Chairman, M.A.C.T.

Mumbai.

This is sufficient to allow the application regarding substitute service of Respondent No.5 by way of Publication in Daily Newspapers namely "Daily Yashobhumi"

and "Free Press Journal".

In view of this, Civil Application for Publication is allowed as per prayer clause (a), returnable by 6 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 19.06.19