UNITED INDIA INSURANCE COMPANY LTD. Vs. VULCAN ASSOCIATION

JUDGEMENT

(1.) Heard Mr. V.Y. Sanglikar, learned counsel for the petitioner at length.

(2.) By order dated 4th March, 2016, notice was issued to the respondents, returnable on 18th March, 2016. Office remark dated 26 th April, 2016 shows that notice on respondents No.1, 2, 4, 5 and 7 to 10 is served, notice of respondent No.6 is affixed with remark 'left the premises hence pasted on door' and notice of respondent No.3 is affixed with remark 'not found at the time of service'. By order dated 4 th May, 2016, the petitioner was allowed to delete the name of respondent No.6 at their cost and consequences. Accordingly, name of respondent No.6 is deleted.

(3.) The Petition was thereafter heard on 26th February, 2018 and assurance on behalf of the petitioner that service will be effected on respondents No.1, 2, 4, 5 and 7 to 10 as also Advocate representing the plaintiffs in the Small Causes Court, was recorded. Office remark dated 16 th March, 2018 shows that notice of respondent No.3 is affixed with remark 'not found at the time of service'. Office remark dated 9 th April, 2018 shows that affidavit of service is silent as regards the service of notice on respondent No.3. Office has also not made any endorsement as regards notice issued through office.