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Bombay High CourtCAF/332/2024allowed

Asst. Director, Employees State Insurance Corp., Sub Regional Office, Nagpur And Another v. M/S Kothari Engineering, Nagpur Thr. Prop. J.M. Kothari (Dead) Thr. Lrs. Vipul J. Kothari

2024-02-13Registrar (Judicial)1 pages

CAF No. 332/2024 in First Appeal No. 729/2022 Coram : Registrar(Judicial) Dated : 13.02.2024 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no. 2 by paper publication. It is stated that the notice issued to the aforesaid respondent returned back unserved for want of correct address. It is stated that no other address except the present one is available with the applicant. It is stated that even notice issued by RPAD could not be served upon the aforesaid respondent and the applicant could not get the correct address of the aforesaid respondent even after making number of efforts. The applicant thus prays for substituted service upon aforesaid respondent.

Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondent by substituted service on last known address.

Substituted service be effected upon the aforesaid respondent no. 2 by publishing notice in widely circulated local daily newspapers i.e.

("Lokmat", "Nagpur Bhaskar" & "Hitvada City Line" Nagpur Editions), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.

(D.P. Satawalekar) Dated:13.02.2024 Registrar (Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 21/02/2024 12:16:05