The New India Assurance Co. Ltd. Through Mumbai Legal Hub v. Shri Jagannath Sopan Thopte And Gaikwad And ORS.

21 caf2875-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2875 OF 2019 IN FIRST APPEAL (ST.) NO.28273 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sandeep S. Jinsiwale for the Applicant CORAM : K. K. TATED, J DATE : AUGUST 22, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking permission to serve Respondent nos.4 and 5 by substitute service as per Order V Rule 20 of the Code of Civil Procedure, 1908.

In the present proceeding, Applicant filed First Appeal challenging the judgment and award dated 12.04.2017 passed by MACT, Pune in MACP No.392 of 2008 holding that Respondents original Claimants are entitled compensation of Rs.16,17,000/- with interest @ 8% p.a.

Mohite 1/2

21 caf2875-19.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

A.

Civil Application is allowed in terms of prayer clause (b) which reads thus:

"(b) This Hon'ble Court be pleased to permit the Applicants / Appellants to serve the notices of the Civil Application No.3273 of 2017 with First Appeal (St.) No.28273 of 2017 on the Respondent nos.

4 and 5 by publication of the notices in the daily newspapers namely Navshakti and Free Press Journal."

Service be completed on or before 19.10.2019 and file affidavit of service to that effect, failing which Civil Application shall stand dismissed without referring back to the court.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2