The Branch Manager v. Narasimha Murthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU IN CMA NO. 2962 OF 2022 and C.M.P.No.22935 of 2022 The Branch Manager M/s. Cholamandalam Ms General Insurance Company Limited, No.9, I Floor, Rajaji Road, State Bank of Travancore Upstairs, Peramanur, Salem.

Appellant(s) Vs 1.Narasimha Murthy 2.Mohammed Rafiq Respondent(s) Prayer:

The Civil Miscellaneous Petition for Substituted Service filed under Order V Rule 20 of the Code of Civil Procedure, 1908, praying to order Substituted Service in respect of the II Respondent, through Paper Publication

in anyone of the Local newspaper pertaining to the place of the II Respondent. For Petitioner :

Mr.J.Michael Visuvasam

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) This Civil Miscellaneous Petition has been filed, seeking permission to effect service on the 2 nd respondent through Substituted Service by Paper Publication.

2. In the affidavit filed, it is contended that the Court notice had been returned as "insufficient address". The 2 nd respondent had remained ex parte even before the Tribunal.

3. It is contended by the learned counsel for the appellant that the appellant disputes liability and therefore, completion of service on the 2 nd respondent is mandatory.

4. Taking all factors into consideration, this Civil Miscellaneous Petition stands allowed. Permission is granted to effect publication in any one

newspaper having circulation at Bangalore, State of Karnataka.

5. Paper Publication to be effected on or before 19.12.2025 for the hearing dated 21.01.2026.

6. List the Civil Miscellaneous Appeal on 21.01.2026. (C.V.K., J.) (K.B., J.) 02-12-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Narasimha Murthy S/o. Venkateshappa, Res. at Bidhi Retty Village, Pachappanikottai Taluk, Krishnagiri District, Tamilnadu.

2.Mohammed Rafiq S/o Abdul Salem, Res. at No.507,

Masjid Street, Attibele Street, Anekal Taluk, Bangalore District, Karnataka.

C.V.KARTHIKEYAN, J.

and K.KUMARESH BABU, J.

kak IN CMA NO. 2962 OF 02-12-2025