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Bombay High CourtCAF/76/2019allowed

The New India Assurance Company Limited v. Smt. Shivmani Shankar Aiyappa And ORS.

2019-09-24Registrar(Judicial Ii Fa)1 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

(APPELLATE SIDE) CIVIL APPLICATION NO.76 OF 2019 IN FIRST APPEAL ST. NO.32838 OF 2017 Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearance, Court's orders or directions Registrar's orders Advocate D.R. Mahadik present for Appellant.

CORAM : VR. KACHARE REGISTRAR (JUDL-II) DATE : 24th SEPTEMBER, 2019 This matter has been placed for substitute service by way of publication in newspapers viz. "Navshakti" & "Free Press Journal".

Perused records. It appears that notice issued through Bailiff to Respondent No..5 returned unserved with remark "Not Residing at the given address". Hence, returned. Moreover, R.P.A.D. Notice issued to Respondent No.5 returned unserved with postal remark "Left".

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., Mumbai.

This is sufficient to allow the application regarding substitute service of Respondent No.5 by way of publication in Daily Newspapers "Navshakti" & "Free Press Journal".

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

Sd/- Registrar (Judl.II) ppg - R(J-II) - 24 .09.19