Bombay High CourtWP/4015/2019dismissedrule discharged

Rameshwar S/O Janrao Bhalerao v. Santosh S/O Sandu Koke And 2 Others

2019-06-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4015.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4015 OF 2019 (RAMESHWAR JANRAO BHALERAO...VS..SANTOSH SANDU KOKE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D.Chopde, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : JUNE 12, 2019.

Heard.

Some of the respondents before the Motor Accident Claims Tribunal could not be served with notice of claim petition, therefore, the claimant made application seeking permission to serve those respondents by substituted service publishing the notice in newspapers. By order dated 3rd January 2019, the Tribunal permitted the claimant to serve the unserved respondents by publishing the notice in daily 'Maharashtra Times' or 'Sakal' having wide publication in Taluka : Haveli, District : Pune, including village Wagholi. Subsequently, the claimant filed application praying that instead of publishing notice in 'Maharashtra Times' or 'Sakal', he be permitted to serve the respondents by publishing notice in 'Dainik Kesari'. According to the claimant, the charges of publication of the notice in 'Maharashtra Times' or 'Sakal' are about Rs.8,000/- to Rs.10,000/- and it is difficult for him to bear these expenses and therefore, he sought permission to publish the notice in 'Dainik Kesari'. This application is rejected by the Tribunal by the impugned order.

2 wp4015.19 The claimant has not pointed out as to what amount is charged by 'Dainik Kesari' to publish the notice. Considering the facts of the case, I see no reason to interfere with the impugned order.

Hence, the writ petition is dismissed. No costs. JUDGE RRaut..