Chhayabai Rajendra Bhansali And ORS v. Mahendra Frigate Carrier And ANR

1 943-CA-11816-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11816 OF 2021 IN FIRST APPEAL NO.1111 OF 2010 SMT CHHAYABAI RAJENDRA BHANSALI AND ORS

VERSUS

MAHENDRA FRIGATE CARRIER AND ANR ...

Advocate for Applicants : Mr Sachin S. Deshmukh Advocate for Respondent No. 2 : Mr M.M. Ambore CORAM : SHRIKANT D. KULKARNI, J.

DATE : 27th OCTOBER, 2021 PER COURT :

1.

It is an application moved by the applicants seeking permission for substituted service upon respondent No.1 in view of Order V, Rule 20(1A) of C.P.C.

2.

Heard Mr Deshmukh, learned counsel for the applicants and Mr. Ambore, learned counsel appearing for respondent No.2/Insurance Company.

3.

Perused the papers.

4.

It is evident from the record that respondent No.1 could not be served in spite of best efforts by the applicants. It is the same address of respondent No.1, which has been shown in the title cause before the tribunal. Under these circumstances, it is necessary to allow this application for substituted service upon respondent No.1.

2 943-CA-11816-2021

ORDER

(I) The Civil Application is hereby allowed in terms of prayer clause (B).

(II) The applicants to take necessary steps accordingly. [ SHRIKANT D. KULKARNI, J. ] mta