Allowed¶11

Bharti Axa General Insurance Company Ltd.(Now Merged With Icici Lombard Gic) Mumbai v. Smt. Shobha Khandu @ Bapu Sagat and Ors.

Bombay HC9 Apr 2025IA/7141/2025

Case brief

AI extract

What is this about?

substituted service; service by publication in daily newspapers; notice returned unserved; Bailiff remark 'not found'; Ashok Nagar several chawls; Interim Application No. 7141 of 2025; First Appeal (Stamp) No. 24702 of 2024; Bombay High Court Registrar (Judl-II); prayer clauses (a) and (b); affidavit of service; Publication Notice; two weeks; 08 weeks

What did the court decide?

Permission to serve Respondent Nos. 1 to 4 by substituted service (publication of notice in daily newspapers) granted in terms of prayer clauses (a) and (b); Advocate for the Applicant directed to collect the Publication Notice within two weeks and to file the affidavit of service with published newspaper copies within 08 weeks without fail. ¶11

Bharti Axa General Insurance Company Ltd.(Now Merged With Icici Lombard Gic) Mumbai vs Smt. Shobha Khandu @ Bapu Sagat and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether Respondent Nos. 1 to 4 may be served by substituted service, i.e., publication of notice in daily newspapers, ordinary service having failed.

¶6

Court's answer

Interim Application No. 7141 of 2025 for substituted service is allowed in terms of prayer clauses (a) and (b).

¶11

Ratio / Principle

The addresses of Respondent Nos. 1 to 4 in the notices are the same as those mentioned in the Interim Application, the memo of First Appeal and the judgment of the Trial Court.

¶10

Key takeaways

The learned Advocate for the Applicant is directed to collect the copy of the Publication Notice from the department within two weeks.ratio¶11
The learned Advocate for the Applicant is further directed to file an affidavit of service of notice alongwith published copies of the newspaper notice in the department within 08 weeks without fail.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Civil Appellate Jurisdiction (Shri S. R. Agrawal, Registrar, Judicial-II), order dated 09/04/2025 in Interim Application No. 7141 of 2025 in First Appeal (Stamp) No. 24702 of 2024: notice to Respondent Nos. 1 to 4 returned unserved, Bailiff reporting (07/02/2025) that the respondents were not found at the Ashok Nagar address, which comprises several chawls rendering them untraceable without the chawl name; respondent addresses in the notices tally with those in the Interim Application, memo of First Appeal and Trial Court judgment; substituted service by publication in daily newspapers allowed in terms of prayer clauses (a) and (b); Advocate directed to collect the Publication Notice within two weeks and file affidavit of service with published copies within 08 weeks without fail.

Bharti Axa General Insurance Company Ltd.(Now Merged With Icici Lombard Gic) Mumbai v. Smt. Shobha Khandu @ Bapu Sagat and Ors.

Case brief

What is this about?

What did the court decide?

Bharti Axa General Insurance Company Ltd.(Now Merged With Icici Lombard Gic) Mumbai v. Smt. Shobha Khandu @ Bapu Sagat and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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Case details

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