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Bombay High CourtMCA/124/2022disposed of

The New India Assurance Company Ltd., v. Maria Santana Fernandes And 3 ORS

2022-04-29Registrar3 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC. CIVIL APPN. NO. 123 OF 2022 IN FIRST APPEAL NO. 44 OF 2017 THE NEW INDIA ASSURANCE CO. LTD., ......Applicant Vs.

PRAKASH DHARMU PARWAR AND 6 ORS .....Respondents AND MISC. CIVIL APPLN. NO. 124 OF 2022 IN FIRST APPEAL NO. 45 OF 2017 THE NEW INDIA ASSURANCE CO. LTD., ......Applicant Vs.

MARIA SANTANA FERNANDES AND 3 ORS .....Respondents AND MISC. CIVIL APPLN. NO. 125 OF 2022 IN FIRST APPEAL NO. 41 OF 2017 THE NEW INDIA ASSURANCE CO. LTD., ......Applicant Vs.

CUSTODIO EMAEL D'COSTA AND 5 ORS .....Respondents Adv. Pankaj M. Shirodkar for the applicants in the above matters.

REGISTRAR'S ORDER Mr. Santaji Kailas Kirdatt, is respondent no.6 in Misc. Civil Appln. No. 123/2022, respondent no.3 in Misc. Civil Appln. No. 124/2022 & respondent no.5 in Misc. Civil Appln. No. 125/2022. Mr. Bajirao Baliram Lad, is respondent no.7 in Misc. Civil Appln. No. 123/2022, respondent no.4 in Misc. Civil Appln. No. 124/2022 & respondent no. 6 in Misc. Civil Appln. No. 125/2022. In all above appeals, a separate admit notice in each of the matter was issued. However, from the bailiff report, it reveals that the notices could not be served as they are not residing on the given address. According to the applicant/s it is the last known address of the above respondents.

So, the applicant has filed three separate applications to serve them by way of substituted service by way of publication in a local daily newspaper circulated in that locality. The applications are supported by an affidavit. Considering the bailiff reports, it reveals that the notices will not be served on the above respondents in all above three matters by ordinary means. Hence, the applications are allowed.

the daily newspaper widely circulated in the locality. One notice by paper publication be issued by mentioning all the matters and their corresponding respondent numbers The appellants/applicants shall collect the publication notice, get it published and shall produce 3 newspapers alongwith affidavit of service i.e. one each shall be filed separately in each matter.

Date: 29th April, 2022 ( Kiran A. Bagi ) Registrar (Judicial)