National Insurance Co. Ltd v. Jogindar Goyaram Saren And ANR

{1} 938 ca 6924.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6924 OF 2010 IN FA/1109/2008 NATIONAL INSURANCE CO. LTD

VERSUS

JOGINDAR GOYARAM SAREN AND ANR ...

Advocate for Applicant : Mr. S P Chapalgaonkar CORAM : A.M. BADAR, J.

DATE : 16th DECEMBER,2015.

PER COURT:

1] Shri Chapalgaonkar, learned counsel for the appellant submits that appeal as against respondent No.3 was dismissed in default. He further submits that appellant is serving with respondent No.3, by publication of notice in daily newspaper "Daily Bhaskar, Dehli", as respondent No.3 is keeping away from the process of the Court. As respondent is owner of the motor vehicle in question, he is necessary party. As such, the order of dismissal in default against respondent No.3 is set aside and the appellant is permitted to serve the respondent No.3 by publication of notice in Daily newspaper "Dainik Bhaskar, Delhi". Civil application is disposed of. [A.M. BADAR, J] grt/-