Bombay High Court
THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO.LTDversusSAROJ DINESH THORAT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that substituted service by paper publication is permissible and granted the relief sought.
Summary
The New India Assurance Co. Ltd. filed a civil application seeking substituted service of a respondent by publishing notice in newspapers. The court examined whether such a method of service was permissible under procedural law. Finding the applicant’s request justified, the court ordered service by publication in "Free Press Journal" and "Navshakti". It directed that the publication and the accompanying affidavit be completed within twelve weeks. The application was subsequently disposed.
Issues considered
- Whether substituted service by newspaper publication is permissible in the present case
Subjects
- substituted service
- paper publication
- civil procedure
- service of summons
- notice
Judgment
HMK 908. CAF-1879-2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1879 OF 2012
[ FOR SUBSTITUTED SERVICE ]
IN
CIVIL APPLICATION NOS. 3101 AND 3102 OF 2011
Digitally signed
IN
by PRACHI
PRACHI
PRANESH
NANDIWADEKAR
PRANESH
NANDIWADEKAR
Date: 2026.04.10
18:08:14 +0530
FIRST APPEAL (ST.) NO. 13874 OF 2011
The Divisional Manager,
The New India Assurance Co Ltd. ….Applicant/Appellant
Versus
Dinesh Laxman Thorat & Ors. .…Respondents
__________________________________________________________________
Mr. Devendra S. Joshi for the Applicant/Appellant.
None for the Respondents.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 10th APRIL 2026
P. C. :
1. The above application is filed for substitute service by way of paper
publication.
2. For the reasons stated in the Civil Application, applicant-Insurance
Company is permitted to serve respondent no.1 by paper publication in
“Free Press Journal” and “Navshakti”. The process of publication and filing
affidavit to that effect should be completed within twelve weeks from today.
3. Civil Application No. 1879 of 2012 is disposed of.
[ JITENDRA JAIN, J. ]
1 of 1
Checking your session…