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Bombay High CourtIA/7166/2025allowed

The New India Assurance Co. Ltd. Thr. Its Branch Manager v. Kumar Avishkar Vilas Bangar (Minor) Thr. Mother Mrs. Rupali Vilas Bangar And ANR.

2025-04-15Shri. 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. 7166 OF 2025 IN FIRST APPEAL (STAMP) NO. 23861 OF 2019 --------------------------------------------------------------------------------------------------------------- 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 : 15/04/2025 None Present The learned Advocate for the applicant has filed present Interim Application to serve Respondent No. 2 by way of substituted service i.e by publishing notice in daily newspapers.

As per office note, the notice of RespondentNo. 2 is returned unserved with Bailiff's remark dated 17/02/2025, "Neither said respondent No. 2 nor his given address could be traced out, inquiry with people and shops of said area and nobody could given any clue about said respondent No. 2 and his address".

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 address of Respondent No. 2 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. 7166 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)-15.04.2025