Partly allowed¶6

The Oriental Insurance Company Ltd., v. Prabhakaran

Madras HC1 Jun 2026CMP(MD)/5695/2026

Case brief

AI extract

What is this about?

substituted service; service of notice by newspaper publication; paper publication; Tamil daily Malai Malar; wide circulation in Theni District; vakalat returned; vakalat representation; dismissal against first respondent; substituted service permitted for second respondent; publication deadline 25.06.2026; next hearing 06.07.2026; C.M.P.(MD)No.5695 of 2026; C.M.A.(MD)No.909 of 2023; K. Murali Shankar J.; order dated 01.06.2026

What did the court decide?

Petition dismissed as against the first respondent; as regards the second respondent, petitioner permitted to effect substituted service by paper publication in the Tamil daily 'Malai Malar' (wide circulation in Theni District), indicating next date of hearing 06.07.2026, publication to be completed on or before 25.06.2026; matter posted to 06.07.2026. ¶6

The Oriental Insurance Company Ltd., Vs Prabhakaran — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶6

Issue for consideration

Whether substituted service of notice to respondents 1 and 2 by publication in a widely circulating newspaper should be ordered in C.M.A.(MD)No.909 of 2023.

¶3

Ratio / Principle

Because the vakalat for the first respondent had already been filed but was returned, and counsel sought time for representing the vakalat, the petition was dismissed as against the first respondent.

¶4

Key takeaways

Being satisfied with the reasons stated in the supporting affidavit, the Judge partly allowed the petition, permitting the petitioner to effect substituted service on the second respondent by paper publication in the Tamil daily 'Malai Malar', having wide circulation in Theni District, indicating the next date of hearing as 06.07.2026, with the publication to be effected on or before 25.06.2026.ratio¶6

Detailed headnote1 paragraphs

Order dated 01.06.2026 by K. Murali Shankar, J., on C.M.P.(MD)No.5695 of 2026 filed within C.M.A.(MD)No.909 of 2023 seeking substituted service of notice on respondents 1 and 2 by newspaper publication. Counsel B. Babu reported that the vakalat for the first respondent had been filed but was returned and sought time to re-present it; the petition was accordingly dismissed as against the first respondent. Satisfied with the affidavit filed in support of the petition, the Judge partly allowed it for the second respondent, permitting paper publication in the Tamil daily 'Malai Malar' having wide circulation in Theni District, indicating the next hearing date as 06.07.2026, the publication to be effected on or before 25.06.2026; matter posted to 06.07.2026. No statutory provision or precedent is cited in the order.

The Oriental Insurance Company Ltd., v. Prabhakaran

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Ltd., v. Prabhakaran

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

Coram

Case details

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