The New India Assurance Company Ltd v. Vittal Shankar Nikam And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1156 OF 2016 IN FIRST APPEAL NO.1017 OF 2012 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 20th April, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent Nos.4 and 5 is one and the same. The Notice issued to Respondent Nos.4 and 5 are received unserved with remark "service number of Respondent Nos.4 and 5 not known hence refused to accept". It is evident that Respondent No.4 and 5 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent No.4 and 5 except by way of Publication of Notice in local Newspapers 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.4 and 5, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 20.04.16