Future General India Insurance Co. Ltd., Thr Its Manager, Fort, Mumbai v. Sakarabai Rambhau Sapkal And ANR

1 67-CA-1495-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1495 OF 2020 IN FAST/1893/2017 FUTURE GENERAL INDIA INSURANCE CO. LTD., THR ITS MANAGER, FORT, MUMBAI

VERSUS

SAKARABAI RAMBHAU SAPKAL AND ANR ...

Advocate for Applicant : Mr. R. H. Dahat Advocate for Respondent No.1 : Mr. S. B. Darwande h/f. Mr. S. G. Chapalgaonkar ...

CORAM : K.K. SONAWANE, J.

DATED : 10th FEBRUARY, 2020.

ORDER :- Heard learned counsel for the applicant and learned counsel for respondent No.1. Perused the application.

2.

Learned counsel for the applicant submits that respondent No.2 was intentionally avoided to get the notice served on him. He was residing on the same address. Moreover, he had also appeared in the proceeding before learned trial Court after service of notice on the same given address on record. Therefore, he seeks permission to serve notice through paper publication.

3.

In view of nature of subject matter and the reasons mentioned in application as well as submission advanced on behalf of applicant, there is no impediment to nod in favour of applicant. Hence, the Civil Application stands allowed in terms of prayer clause 'B'. The notice to respondent No.2 be served through paper publication in daily news paper "Prabhat", edition Ahmednagar. Notice made returnable on 16th March, 2020.

4.

Registry to do the needful to facilitate the applicant for service of notice through paper publication on respondent No.2 on its own costs. 5.

Accordingly, the Civil Application stands disposed of. Sd./- [ K. K. SONAWANE ] JUDGE rrd