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Bombay High CourtCAF/9/2025ca disposed off

Divi. Manager, Oriental Insu. Co. Ltd., Thr. Chief Office, Represented By Regional Manager, Nagpur v. Moreshwar Namdeo Wandhare And Others

2025-01-06Hon'Ble Shri Justice Sandipkumar Chandrabhan More2 pages

2025:BHC-NAG:88

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.346 OF 2022 DIVI. MANAGER, ORIENTAL INSU. CO. LTD., THR. CHIEF OFFICE, REPRESENTED BY REGIONAL MANAGER, NAGPUR VS MORESHWAR NAMDEO WANDHARE AND OTHERS ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms.Aprna Ingolikar, h/f Ms Naik, Advocate for the applicant/s-appellant/s Ms Mukta Kavimandan, h/f Ms Kirti Satpute, Advocate for the respondent Nos.1 to -------------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : 06 th January, 2025 1.

The learned counsel for the appellant/Insurance Company submits that the respondent No.6 i.e. the driver is reported to be dead. She further submits that the respondent No.6 is also not a necessary party and therefore, prays for deletion of his name. 2.

As such, the name of respondent No.6 stands deleted, at the risk of the appellant/Insurance Company. 3.

The deletion be carried out forthwith.

4.

Stand over to 17.02.2025.

Civil Application (CAF) No.9/2025 5.

Heard rival submissions.

6.

The application is filed by the appellant/ Insurance Company for service upon the respondent No.5 i.e. the owner of the vehicle by way of publication, since he nd.thawre

could not be served on the last known address. 7.

There is no strong objection from the other side.

8.

As such, the application stands allowed and the appellant-Insurance Company is permitted to serve the respondent No.5-owner of the vehicle, by way of paper publication through daily local newspaper circulated in Karnataka, subject to deposit of necessary charges directly to the concerned newspaper.

9.

The application is disposed of.

(SANDIPKUMAR C. MORE, J.) nd.thawre