United India Insurance Co Ltd Through Divisional Manager And Authorised Representative Signatory v. Sultana Begam Khwajabhai Shaikh And Another

{1} 27 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15970 OF 2015 IN FA/2204/2013 UNITED INDIA INSURANCE CO LTD THROUGH DIVISIONAL MANAGER AND AUTHORISED REPRESEN

VERSUS

SULTANA BEGAM KHWAJABHAI SHAIKH AND ANOTHER ...

Advocate for Applicants : Mr. Atul B. Gatne.

CORAM : A.M. BADAR, J.

DATE : 21st DECEMBER,2015.

PER COURT:

1] Heard. It is seen that for want of taking effective steps to serve respondent No.2 - owner of the vehicle, appeal qua respondent No.2 was dismissed in default.

2] Perusal of report of Bailiff shows that he could not serve respondent No.2 with summons as his address is incomplete. Perusal of the judgment and award shows that same was the address of the respondent No.2 before the Tribunal. Presence of respondent No.2 is necessary for deciding the appeal. Hence, the application is allowed in terms of prayers (A) and (B). Appellant is directed to serve notice of respondent No.2 by publication of the same in daily newspaper Divya Marathi. Civil application is disposed of.

[A.M. BADAR, J] grt/-