National Insurance Co. Ltd., Thr Its Sr. Div. Manager, Div. Office, Aurangabad v. Pushpalata Pankaj Sarode And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 9186 OF 2022 IN FAST/6549/2017 AND CIVIL APPLICATION NO. 10183 OF 2019 IN FAST/6549/2017 NATIONAL INSURANCE CO. LTD., THR ITS SR. DIV. MANAGER, DIV.

OFFICE, AURANGABAD

VERSUS

PUSHPALATA PANKAJ SARODE AND OTHERS ...

Advocate for Applicant : Mr. Bodade S.R.

Advocate for Respondent Nos. 1 to 3 : Mr. D. R.Markad ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 26.08.2022 PER COURT :

.

Both these applications have filed for the same purpose i.e. for service of notice to respondent no.4 by paper publication. However, the record shows that in Civil Application No.3869/2017 which is for condonation of delay, this Court under order dated 28.03.2019 had already granted permission to the applicant for serving respondent No. 4 through registered post A.D. / Speed Post and to file affidavit of service. It appears that the concerned person of appellant - Insurance Company on 18.07.2022 has already filed service affidavit along with the copy of acknowledgment receipt of registered post. It appears from the said acknowledgment receipt that respondent no. 4

has already accepted the notice dtd. 12.02.2019. As such, there is no need to serve respondent no. 4 again by paper publication as mentioned in these two applications.

2.

Accordingly, these applications stand disposed of being infructuous.

(SANDIPKUMAR C. MORE) JUDGE .....

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