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Bombay High CourtIA/3388/2023allowed

The New India Assurance Co. Ltd. Through Mumbai Legal Hub v. Anitadevi Sammal Rajbhar And ORS.

2023-04-05Shri. S.R. Agrawal, Registrar(Judl Ii)3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3388 OF 2023 IN FIRST APPEAL (ST) NO. 14770 OF 2019 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's order Registrar's orders CORAM : S. R. AGRAWAL REGISTRAR (JUDL-II) Date : 05/04/2023 Adv. Jaya Shukla i/by Adv. S. S. Dwivedi present for Applicant Perused.

Notices issued to Respondent Nos. 1 to 4 has been returned unserved with Bailiff Remark dt. 03/12/2022, "for want of full and detail address i.e. exact chawl name, Landmark, Room No.". Notice issued to Respondent No. 5 returned unserved with Bailiff remark dt. 16/11/2022, "Not found and said Respondent not residing at given address."

The learned Advocate for Appellant is not aware about detail address than mentioned in title. Thus, only option left is to serve the Respondent Nos. 1 to 5 by way of substituted service.

Address Mentioned of Respondent Nos. 1 to 5, in the above Notice are same as mentioned in the memo of First Appeal and Interim Application and also in Judgment of the Lower Court.

- 2 - The Learned Advocate has taken out present I.A. to serve Respondent Nos. 1 to 5, by way of substituted service.

In turn, Interim Application No. 3388 of 2023 (for substituted service) is allowed in terms of prayer clause (a), returnable by 06 weeks (excluding Summer Vacation).

sd/- REGISTRAR (JUDL-II)