Abdul Rauf Ghiyasuddin Koor v. Mohamed Ayaz Haji Isak And ANR.

i FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11392 OF 2024 IN FIRST APPEAL NO. 2100 OF 2005 --------------------------------------------------------------------------------------------------------------- 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 : 07/08/2024 Adv. Ketaki Gokhale i/by Adv. A.M. Gokhale present for Applicant The learned advocate for the appellant submitted that respondent No. 1 is the owner of offending vehicle. The matter proceeded ex-parte against respondent No. 1, before the trial court. He further submitted that the Hon'ble trial court has held that respondent No.

1 and respondent no. 2 are jointly and severally liable to pay the compensation. Respondent No. 1 is owner of the vehicle, which was duly insured with respondent no. 2 i.e. the insurer. This appeal has been filed for enhancement of compensation. Therefore, he requested to dispense with the service of notice upon unserved respondent No. 1. In this regard, he has filed Interim Application No. 11392 of 2024.

Hence, as per Order 41 Rule 14 sub-rule 4 of the Code of Civil Procedure, 1908 the service of notice upon unserved respondent No. 1 be dispensed with. Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-23.07.2024

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