The New India Assurance Co. Ltd. Through Mumbai Regional Office-Ii v. Mr. Mohd. Shaikh @ Mohd. Asif Kasam Ali Khan And ANR.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8877 OF 2025 IN FIRST APPEAL NO. 690 OF 2016 --------------------------------------------------------------------------------------------------------------- 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 : 17/06/2025 None present Perused.
The learned Advocate for the appellant 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 Respondent No. 2 is returned unserved with Bailiff's remark dated 15/01/2025, "Not found, after inquiry nobody gives any information about respondent no. 2 in that village".
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 Lower Court.
In turn, Interim Application No. 8877 of 2025 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks.
The learned Advocate for the Applicant is directed to collect copy of Publication Notice from the department within two weeks without fail and thereafter, file published copies of notice of newspapers in the department within 08 weeks.
Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-17.06..2025