United India Insurance Co. Ltd., Thr Its Administrative Officer (T.P. Hub) Aurangabad v. Dhanshri Sunil Khirapate And ORS

1 933-CA-6994-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6994 OF 2019 IN FIRST APPEAL NO. 103 OF 2018 United India Insurance Company Ltd., Through its Administrative Officer (T.P. Hub) Aurangabad ... Applicant

Versus

Dhanshri w/o Sunil Khirapate and others

...Respondents

Mr S.S. Rathi Advocate for Applicant Mr R.S. Shinde, Advocate for Respondent Nos. 1 to 3 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st JULY, 2021 PER COURT :

1.

It is an application moved by the applicant for alternate mode of service upon respondent No. 5 by way of paper publication in the daily newspaper namely, "Daily Punyanagari" at Latur. 2.

Heard Mr Rathi, learned counsel for the applicant. 3.

Perused proceedings. It seems that earlier attempts of service of respondent No. 5 are failed. Mr Rathi submits that respondent No. 5 is residing on the same address as per information available with the office of applicant, and it is necessary to issue proclamation. The application needs to be allowed. Hence, I proceed to pass the following order :-

2 933-CA-6994-2019

ORDER

(i) The application is hereby allowed.

(ii) The applicant is hereby permitted to serve notice upon respondent No. 5 by way of paper publication in daily newspaper, namely, "Daily Punyanagari" at Latur at his own expenses.

(iii) The Registry to make available the notice of respondent No. 5 with proclamation as per procedure.

(iv) After service by way of paper publication, the applicant to file supporting affidavit along with copy of newspaper. (v) Issue notice to the respondents, returnable on 6th August, 2021.

[ SHRIKANT D. KULKARNI, J. ] mta