The New India Assurance Company Limited v. Mr. John Mathias Gomes And ANR.
FARAD CONTINUATION SHEET NO.
THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATIONNO. 9178 OF 2024 IN FIRST APPEAL (ST) NO. 30744 OF 2015 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : SHRI S.R. AGRAWAL REGISTRAR (JUDL -II) DATE : 13/06/2024 None Present Perused.
As per office note, notice issued to Respondent No. 2 is returned unserved with Bailiff's remark dated 21/07/2016, "Not found, and on inquiry it was found that there is no such person by the name of respondent no. 2 and present whereabout not known, hence pasted on the door".
The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent No. 2 by way of substituted service. The learned Advocate has taken out present Interim Appplication to serve Respondent No. 2 by way of substituted service. Address of Respondent No. 2 mentioned in the above notice is same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court.
In turn, Interim Application No. 9178 of 2024 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks.
The learned Advocate for the Applicant is
directed to collect copy of paper publication Notice within three weeks without fail. He is further directed to file published copy of newspaper in the department within 06 weeks.
Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-13.06.2024