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Bombay High CourtCA/1725/2018admittedallowedgrantedrule absolute

The New India Assurance Company Ltd. Thr Its Authorized Signatory v. Sushilabai Mangalprasad Mishra And Others

2018-03-01Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1725.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1725 OF 2018 IN FIRST APPEAL STAMP NO. 34270 OF 2014 New India Assurance Company Ltd., divisional office at Aurangabad ...Applicant

Versus

Sushilabai Mangalprasad Mishra and others ...Respondents ...

Mr. Ajit B. Kadethankar, Advocate for applicant. ...

[CORAM: SUNIL P. DESHMUKH, J.] Date: 01 st March, 2018 ORDER :

1.

Learned counsel for applicant states that notices had been issued to all the respondents and were on all of them served except respondent no. 6.

2.

Office endorsement shows that notice of respondent no. 6, is returned unserved for reason that office of addressee is shifted to other place and watchman had refused to accept the same as the registered office is at another place which he is unware of.

1725.18CA.odt 3.

He further submits that the address of unserved respondent had been furnished by the claimants in the claim petition and accordingly respondent no. 6 had been served on the same address in the proceedings before tribunal. As such, he urges to grant civil application. 4.

In view of aforesaid, civil application is allowed in terms of prayer clause (B), and is disposed of. [SUNIL P. DESHMUKH, J.] vdk