Hdfc Ergo General Insurance Co Ltd vs Chandusinh Abhesinh Solanki
2021 Latest Caselaw 1208 Guj

       C/FA/10017/2020                             IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR SUBSTITUTE SERVICE) NO. 2 of 2020
            In F/FIRST APPEAL NO. 10017 of 2020
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HDFC ERGO GENERAL INSURANCE CO LTD Versus CHANDUSINH ABHESINH SOLANKI ========================================================== Appearance:

MR RATHIN P RAVAL for the PETITIONER(s) No. for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 27/01/2021

IA ORDER

1. Heard Mr. Rathin P. Raval, learned advocate for the applicant.

2. By way of this application, the applicant has prayed for permission to serve the notice issued in Civil Application No.1944 of 2020 for Condonation of delay upon the respondent no.1 by affixing at the address mentioned in the cause title following the provisions of Order 5 Rule 20 of the Code of Civil Procedure, 1908.

3. Learned advocate for the applicant states that the applicant took direct service qua respondent no.1 to serve the notice as per order dated 29.10.2020. However, the respondent no.1 was not found at the address. He further states that the address mentioned in the cause title is as per the address declared by the claimant in his claim petition and as per the

C/FA/10017/2020 IA ORDER

cause title of the judgment of the Tribunal. He also states that the applicant apprehends that the respondent no.1 is avoiding the notice of the civil application for condonation of delay and therefore, the applicant has filed the present application to serve the unserved respondent no.1 by affixing at the address given in the cause title as provided under Order 5 Rule 20 of the Code of Civil Procedure, 1908.

4. In the circumstances, prayer for substituted service is justified by affixing.

5. While disposing of the present application, therefore, following directions are issued.

[a] Registry shall issue fresh Notice in Civil Application (For Condonation of Delay) No.1944 of 2020 in the requisite format within ten days to the unserved respondent No.1 mentioning and inviting attention of the said respondent, making returnable on 22.02.2021;

[b] Such notice shall be affixed at the last known address of the respondents no.1;

[c] The Registry shall take necessary steps in the above regard;

[d] The cost shall be borne by the applicant.

(VAIBHAVI D. NANAVATI,J)

NEHA