The United India Insurance ... vs Joshi Amarbhai Kalidas
2021 Latest Caselaw 1304 Guj

        C/FA/1620/2020                                    IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


  CIVIL APPLICATION (FOR SUBSTITUTE SERVICE) NO. 2 of
                          2020
            In R/FIRST APPEAL NO. 1620 of 2020
==========================================================

THE UNITED INDIA INSURANCE COMPANY LTD.

Versus JOSHI AMARBHAI KALIDAS ========================================================== Appearance:

MR VIBHUTI NANAVATI for the PETITIONER(s) No. for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 28/01/2021

IA ORDER

1. By way of this application, the applciant has prayed for permission to serve the notice to respondent no.2 in the vernacular news paper "Divya Bhaskar" in government gazette under Order 5 Rule 20 of Civil Procedure Code.

2. Heard learned advocate Mr.Vibhuti Nanavati for the applicant. Learned advocate Mr.Nanavati for the applicant stated that respondent no.2 was not found at the address as per the bailiff report. Judgment was duly served at the same place. It is stated by learned advocate for the applicant that several efforts were made to know whereabouts of the respondent no.2, however the efforts failed. It is stated that therefore there is no other option but to serve the respondent No.2 through substituted service i.e. through affixing.

3. In view of above submissions, the application requires consideration.

C/FA/1620/2020 IA ORDER

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

[A] Registry shall issue fresh notice in the requisite format within ten days to the unserved respondent No.2 mentioning and inviting attention of the respondent no.2 making returnable on 18th February, 2021;

[B] Such notice shall be affixed at the last known address of the respondents no.2;

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

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

5. Accordingly, this application is allowed in terms of paragraph no.5 (a).

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI