High CourtsDivision Bench(2008) 01 GUJ CK 0011

New India Assurance Co. Ltd. vs Piyushkumar Jayantilal Shah and Others

Gujarat High Court · Decided on 29 January 2008

HON’BLE JUDGES
Sharad D. Dave, J · A.L. Dave, J
CASE NUMBER
Civil Application - For Stay No''s. 12740 to 12753 of 2007 in First Appeal No''s. 4836 to 4849 of 2007

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Judgment

31 paragraphs · 685 words

A.L. Dave, J.

Civil Application No. 12740/2007

1.

Service of notice of rule is dispensed with in respect of unserved opponent No. 3, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12741/2007

2.

Service of notice of rule is dispensed with in respect of unserved opponent No. 3, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12742/2007

3.

Service of notice of rule is dispensed with in respect of unserved opponent No. 4, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him. Applicant to take steps to serve the unserved claimants-opponents No. 1 & 2. Direct Service for opponents No. 1 & 2 is permitted.

Civil Application No. 12743/2007

4.

Service of notice of rule is dispensed with in respect of unserved opponent No. 10, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12744/2007

5.

Service of notice of rule is dispensed with in respect of unserved opponent No. 6, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

6.

Applicant to take steps to bring on record heirs and legal representatives of deceased opponent No. 4 by next adjournment.

Civil Application No. 12745/2007

7.

Service of notice of rule is dispensed with in respect of unserved opponent No. 5, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12746/2007

8.

Service of notice of rule is dispensed with in respect of unserved opponent No. 5, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12747/2007

9.

Service of notice of rule is dispensed with in respect of unserved opponent No. 8, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12748/2007

10.

Service of notice of rule is dispensed with in respect of unserved opponent No. 5, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

11.

Applicant to take steps to bring on record the heirs and legal representatives of deceased opponent No. 3 by next adjournment.

Civil Application No. 12749/2007

12.

Service of notice of rule is dispensed with in respect of unserved opponent No. 3, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12750/2007

13.

Service of notice of rule is dispensed with in respect of unserved opponent No. 3, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12751/2007

14.

Service of notice of rule is dispensed with in respect of unserved opponent No. 5, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12752/2007

15.

Service of notice of rule is dispensed with in respect of unserved opponent No. 3, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.

Civil Application No. 12753/2007

16.

Service of notice of rule is dispensed with in respect of unserved opponent No. 7, in view of the fact that he is the owner of the vehicle insured by the applicant-appellant and no relief is sought against him.