Bombay High CourtCAO/1212/2016ca disposed off

The New India Assurance Company Ltd. Thr. Branch Manager, Presently Thr. Its Chief Regional Manager v. Smt. Anjali Wd/O Ramchandra Moghe And Others

2016-09-02Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

MISC. CIVIL APPLICATION NO.1365 OF 2016, CIVIL APPLICATION (O) NO.1212 OF 2016 &, CIVIL APPLICATION (O) NO.1213 OF 2016 IN CIVIL APPLICATION NO.128 OF 2015 IN FIRST APPEAL STAMP NO.21195 OF 2014 (The New India Assurance Company Ltd. ..vs.. Smt. Anjali wd/o Ramchandra Moghe and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G. Chatterjee, Advocate for the applicant/appellant. CORAM : Z.A. HAQ, J.

DATED : 02-09-2016 The applicant-appellant filed the Civil Application No.1212 of 2016 on 11-07-2016, praying that it be permitted to delete the name of respondent No.4. The learned Registrar (Judicial) had passed order dated 05-07-2016 that the appeal against respondent No.4 is dismissed as the appellant has failed to take steps to serve him. In view of the order passed by the learned Registrar (Judicial) on 05-07-2016, no orders are required on Civil Application No.1212/2016.

The appellant has filed the Civil Application No.1213 of 2016 on 11-07-2016 praying that the appellant be permitted to serve the respondent No.5 by publishing notice in the daily "Sakal" published from Thane.

For the reasons stated in the application, the order passed by the learned Registrar (Judicial) on

2 cao1212.16 05-07-2016 dismissing the civil application against the respondent No.5 is set aside and the Civil Application No.128 of 2015 dismissed against the respondent No.5 is restored.

The appellant is permitted to serve the respondent No.5 by publishing the notice in the daily "Sakal" published from Thane.

The appellant shall take steps within eight weeks. The Civil Application No.1213 of 2016 is allowed accordingly.

In view of the orders passed on Civil Application No.1212/2016 and Civil Application No.1213/2016, no further orders are required on Civil Application No.1365 of 2016.

JUDGE adgokar

3 cao1212.16 CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : P.M. Adgokar.

Uploaded on : 20-09-2016.

P.A. to Hon'ble Judge.