The New India Assurance Co. Ltd. v. Smt. Kirti Sunil Dhage And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4703 OF 2016 IN FIRST APPEAL ST. NO.8641 OF 2016 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 : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 05th December, 2016 On verification of cause title of First Appeal Stamp and its Civil Application with title of original proceeding, it is seen that address of Respondent No.5 is one and the same in Appeal in Lower Court Judgment. The Notice issued to Respondent No.5 is returned unserved with remark "Not residing at given address".

Respondent No.5 in present proceeding was Opponent No.1 before M.A.C.T, Nashik and was served on same address.

Thus, Respondent No.5 can only be served by adopting mode of substituted service.

So Respondent No.5 be served by way of Publication of Notice in local Newspapers namely "Free Press Journal" and

Navshakti" as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (a). Issue Publication Notice to Respondent No.5.

sd/­ Registrar (Judl.­II) dsm - R(J­II) - 05.12.16