Oriental Insurance Co. Ltd. Nagpur Thr. Reginoal Manager v. Rajendra S/O Ramdas Salam And Others

2025:BHC-NAG:3855 1 927 caf1025.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION [CAF] NO. 1025 OF 2025 IN FIRST APPEAL NO. 1742 OF 2019 ORIENTAL INSURANCE CO. LTD.

VERSUS

RAJENDRA S/o RAMDAS SALAM AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. T. T. Mirza, Advocate h/f Mr. A. M. Quazi, Advocate for the applicant/appellant Ms. Archana Lanjewar, Advocate h/f Mr. N.R. Saboo, Advocate for respondent no.7/cross-objector.

CORAM : M. W. CHANDWANI, J.

DATE : APRIL 09, 2025.

1.

Heard.

2.

By this application, the appellant is seeking direction to treat respondent no.5 as served.

3.

The contention is that the notice sent to respondent no.5 by RPAD is returned back with remark as 'unclaimed'. However, the Registrar (Judicial) did not treat it as service and again directed the appellant to take steps to serve respondent no.5. In support of the submission, learned counsel relied on the decision of the Hon'ble Supreme Court in the case of Priyank Kumari .vs. Shailendra Kumar in Transfer Petition (Civil) No. 2090/2019, wherein it is held that when the notice is returned as unclaimed, it shall be deemed to be served and it is proper service.

2 927 caf1025.25.odt 4.

In the wake of the decision in Priyanka Kumari (supra), the unclaimed notice is deemed service, respondent no.5 be treated as served.

5.

The application is allowed and disposed of accordingly.

(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 15/04/2025 17:51:16