1 oFARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL STAMP NO.3109 of 2003 (United India Insurance Co.Ltd. Vs. M/s Priyanka Paper Mart, Aurangabad and others) WITH CIVIL APPLICATION NOS. CA/1456/2003, 1078/2006 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.S.G.Chapalgaonkar, Adv., for the applicant/appellant. Mr. A.S.Bajaj, Adv., for respondent no.1. Mr. V.D.Sonawane, Adv., for respondent no.2. ... CORAM: K.U.CHANDIWAL, J. DATE:22/1/2010 P.C.:- 1. For the purposes of the present appeal, the appeal being dismissed against respondent nos. 3 and 4, by virtue of order dt. 9.6.2003, the order in the appeal restricts to other respondents. 2. Heard. By consent, the matter is finally heard and disposed of. The short point in the matter revolves to the appellant 2 Insurance Company ( insurer of the truck involved in the so called accident, causing damages to property of original plaintiff M/s Priyanka Paper Mart) canvassed that summons were not served. To establish the contention, copy of summons is tendered which, indeed, shows that the summons were accepted on behalf of appellant Insurance Company by Municipal Corporation and, consequently, the appellant Insurance Company was in dark about the proceedings and the Court, without verifying as to proper service to the appellant, proceeded ex parte against it, decreeing the suit. 3. Without adverting to the merits of the plaintiff to stake claim against the Insurance Company or against the Municipal Corporation, either jointly or severally, the fact remains, proper hearing needs to be given to both the parties. 4. United India Assurance Co.Ltd. has already deposited an 3 amount of Rs.2,00,000/- (Rs.two lacs) before the learned Civil Judge, Senior Division, Aurangabad, which has been withdrawn by the plaintiff. In addition thereto, United India Assurance Company shall deposit an amount of Rs.3,00,000/- (Rs.three lacs) before the learned Civil Judge, Senior Division, within two months. On such deposit, the plaintiff/appellant shall be entitled to receive the same on furnishing surety to the satisfaction of the learned Civil Judge, Senior Division. It is clarified, deposit of Rs.5,00,000/- (Rs.five lacs) by United India Assurance Company is subject to final adjudication in Special Civil Suit No.30/1997. Consequently, the appeal of United India Insurance Company is allowed. The judgment under appeal is set aside. The matter remanded to the learned Civil Judge, Senior Division, Aurangabad, to decide the same 4 expeditiously within a period of six months on receiving the record. No costs. Respective Civil Applications disposed of. (K.U.CHANDIWAL) JUDGE ... agp/3109-03fast