Bombay High CourtCAO/588/2017ca disposed off

National Insurance Co. Ltd., Nagpur v. Girdharimal Turyamal Jaswani

2017-06-07Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

909-CAF-3428-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.588 OF 2017 IN CIVIL APPLICATION (CAF) NO.3428 OF 2015 IN FIRST APPEAL ST. NO.24173 OF 2015 National Insurance Co. Ltd. Divisional Office, Nagpur -vsGiridharimal Turyamal Jaswani and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri C. A. Anthony, Advocate for applicant.

CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 07, 2017 This is an application for grant of permission to serve respondent Nos.5 and 6 by paper publication. It is submitted that though as per office order dated 18/04/2017 application is already dismissed against respondent Nos.5 and 6 on failure of the appellant to serve them, according to learned counsel for the appellant respondent Nos.5 and 6 who are owner and driver respectively were original respondent Nos.1 and 2 before the Tribunal. Notice of the application was duly served on them by R.P.A.D. on the appropriate addresses but they are trying to avoid the service. Notices returned back un-served with the remark "detailed and correct address required."

It is submitted by the learned counsel for the appellant that the Insurance Company is not having the correct and detailed addresses of respondent Nos.5 and

909-CAF-3428-15 2/2 6 except one given in the Tribunal and therefore it has become necessary to serve them by paper publication. Considering the submissions which are not controverted, the application is allowed. The appellant is permitted to serve the respondent Nos.5 and 6 by paper publication having circulation in Tahsil and District Akola.

Appellant to deposit necessary publication charges within period of two weeks. Notice is made returnable on 19/07/2017.

Application is disposed of.

JUDGE Asmita