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Bombay High CourtCAF/578/2019allowed

The New India Assurance Company Limited Thane Division Office v. Smt.Pushpadevi Harishchandra Bhatt And ANR.

2019-08-29Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.578 OF 2019 IN FIRST APPEAL ST. NO.33239 OF 2017 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 : V.R. KACHARE REGISTRAR (JUDL - II) Date : 29th August, 2019 This matter has placed for substitute service by way of the Publication in Newspapers namely "Free Press Journal"

and "Navshakti".

Perused records. It appears that Notice issued through Bailiff to Respondent Nos.1 and 2, returned unserved with remark for Respondent No.1 "chawl was demolished since long back. Hence returned" and for Respondent No.2, "Address not found".

Moreover, R.P.A.D. Notice issued to Respondent Nos.1 and 2, returned unserved with postal remark for Respondent No.1 "Incomplete address" and for Respondent No.2 "Not claim".

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

Thane.

This is sufficient to allow the application regarding substitute service of Respondent Nos.1 and 2 by way of Publication in Daily Newspapers "Free Press Journal" and "Navshakti".

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

sd/- Registrar (Judl.-II) dsm - R(J-II) - 29.08.19