Partly allowed

Swagat Land Developers Pvt. Ltd. v. LIC Housing Fincnce Ltd.and Anr.

Bombay HC4 Sept 2008CA/828/2008

Case brief

AI extract

What is this about?

Single judge set aside an order regarding service of notice. Held that service was invalid as notice was accepted by a third party (departmental store) who was not a partner, director, or employee of the company. Ordered to put up petition for hearing and disposed of accompanying application.

What did the court decide?

Order dated 31.8.2007 set aside; Company Petition put up for hearing; Company Application disposed of.

Swagat Land Developers Pvt. Ltd. Vs LIC Housing Fincnce… — Company and Corporate | Bombay HC (2008)

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 -: 1 :-

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 COMPANY APPLICATION NO.828 OF 2008

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In

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 COMPANY PETITION NO.799 OF 1999

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 M/s.Swagat Land Developers Pvt. ltd. : Applicant

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 V/s.

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 LIC Housing Finance Ltd. & Anr. : Respondent

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 Mr.Girish Desai i/b. Geeta Shastri for the applicant.

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 Ms U. Srivastava with Ms Sonali Shinde i/b. Consulta Juris

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 for the respondent.

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 CORAM : S.A. BOBDE, J.

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 DATE : SEPTEMBER 04, 2008.

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 P.C.

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 Heard.

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 2. In view of the no-objection, the delay of 249 days is
 hereby condoned.

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 3. It appears from the affidavit in support of the
 Company Application that the company was not properly
 served. It is true that the company was attempted to be
 served at the registered address given by the company.

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 -: 2 :-

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 However, admittedly, the person who went to serve the

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 notice served it on some departmental stores known as
 "City Gift". In fact, the departmental stores "City Gift"

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 is said to have accepted it after the name of the company
 was deleted and substituted by the name of City Gift. In
 such a case, it is not possible to accept that good
 service was effected on the company. When the server
 becomes aware that the person who is willing to accept the
 service is neither a Partner, Director nor an employee of
 the firm or company sought to be served, then he is bound
 to return the notice as not served. In such a case, the
 party may apply for substituted service or take other
 steps for service. The order dated 31.8.2007 which is
 sought to be set aside proceeds on the basis that the
 company has not appeared throughout.

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4. In the circumstances, the order is set aside. Put up the Company Petition for hearing in two weeks.

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5. Company Application stands disposed of.

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 S.A. BOBDE, J.

Swagat Land Developers Pvt. Ltd. v. LIC Housing Fincnce Ltd.and Anr.

Case brief

What is this about?

What did the court decide?

Swagat Land Developers Pvt. Ltd. v. LIC Housing Fincnce Ltd.and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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