Bajaj Allianz General Insurance Co. Ltd. Thr. Nagpur Branch Manager v. Nirmala Chimaji Kokare And Others

1 / 2 60.caf1248.2026equ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1247 OF 2026 IN FIRST APPEAL (ST) NO. 20825 OF 2025 Bajaj Allianz General Insurance Co. Ltd., Nagpur Vs. Nirmala Chimaji Kokare and Ors. ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mrs. Mrunal Naik, Advocate for applicant.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 17.03.2026 By this application, the appellant seeks permission to delete the name of respondent No.3 from the array of parties. Learned counsel for the appellant submits that the respondent No.3 was the driver of the offending vehicle and in view of the bailiff's report that he has expired, the permission is sought to delete his name. 2.

Considering the reasons mentioned, the appellants are permitted to delete the name of respondent No.3 at its own risk.

3.

Civil application is allowed and disposed of. Civil Application (CAF) No.1248/2026 Learned counsel for appellant seeks leave to amend the prayer clause (1).

2.

Leave granted. Necessary amendment be carried out forthwith.

3.

This is an application under Order V Rule 20 of the Code of Civil Procedure for permission to effect Prity

2 / 2 60.caf1248.2026equ substitute service upon respondent No.4 by publishing a notice in a daily newspaper.

4.

Learned counsel for the appellant submits that all attempts are made to effect service of upon respondent No.4, however, the respondent No.4 could not be served on the last known address. It is also pointed out that the bailiff's report mentions that the respondent No.4 was a tenant, who has left the earlier premises and now, his new address is not known. In view of this, a request is made for effecting service upon the respondent No.4 by publishing a notice in daily newspaper.

5.

Having regard to the reasons mentioned, it is clear that the respondent No.4 could not be served by all other modes and a case is made out for effecting service upon the respondent No.4 by publishing a notice in daily newspaper.

6.

Accordingly, the application is allowed. The appellant is permitted to serve the respondent No.4 by publishing a notice in daily newspaper, 'Deshonatti Nagpur edition'.

7.

Civil application is allowed and disposed of accordingly.

Civil Application (CAF) No.3348/2025 Stand over after four weeks.

(Prafulla S. Khubalkar, J.) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 25/03/2026 10:52:39 Prity