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Bombay High CourtIA/4134/2025allowed

United India Insurance Co. Ltd. Mumbai v. Smt. Kusum Darshan Sahani And ORS.

2025-03-21Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4134 OF 2025 IN FIRST APPEAL NO. 1349 OF 2024 --------------------------------------------------------------------------------------------------------------- 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 : 21/03/2025 None Present The learned Advocate for the applicant has filed present Interim Application to serve Respondent No. 3 by way of substituted service i.e by publishing notice in daily newspapers.

As per office note, the notice of Respondent No. 3 is returned unserved with Bailiff's remark dated 25/11/2024 that respondent No. 3 was not found. On inquiry with present occupant, he informed that said authorized persons of respondent No. 3 and respondent No. 3 left the above said address premises since long time and present whereabouts are not known to them.

The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent No. 3 by way of substituted service.

The address of Respondent No. 3 mentioned in the notice is same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Trial Court.

In turn, Interim Application No. 4134 of 2025 for substituted service is allowed in terms of prayer clauses (a) and (b). The learned Advocate for the Applicant is directed to collect copy of Publication Notice from the department within two weeks and thereafter, to file affidavit of service of notice alongwith published copies of notice of newspapers in the department within 08 weeks without fail.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-21.03.2025