Aakash Bothra v. Debts Recovery Tribunal Patna and Ors.
Case brief
What is this about?
Debts Recovery Tribunal granted the appellant 15 days to serve notice on unserved respondents via newspaper publication due to the addressee being untraceable and lack of affidavit of service.
What did the court decide?
Appellant given 15 days to publish notice in newspapers; to file affidavit of service and proof of publication by next date.
What the court decided
Appeal Dy. No. 102/2022 Date: 19.09.2022
Aakash Bothra Vs. Presiding Officer, Debts Recovery Tribunal, Patna & Ors.
Present: Shri Santosh Kumar Singh, counsel for the appellant, Shri Alok Rai, counsel for the respondent-HUDCO,
The office report dated 16.09.2022 shows that the notice sent to the respondent no. 5 has returned back with an endorsement “addressee is not traceable”. The said report further shows that neither affidavit of service has been filed by the appellant nor any reply has been filed on behalf of the respondent-HUDCO, which is represented by Shri Alok Rai, Advocate.
Let the appellant take fresh steps for service of notice upon the unserved respondents through publication in the newspapers having wide circulation in the area. Steps to be taken within 15 days. Affidavit of service along with proof of publication be filed by the next date.
List this case on 12.12.2022 for service.
Justice R. D. Khare
Chairperson
VN Giri
Issues for consideration
1 issue framed by the court
Procedure for service of notice when the addressee is not traceable and no affidavit of service or reply has been filed.
Parties & counsel
- appellant
Aakash Bothra
- respondent
Presiding Officer, Debts Recovery Tribunal, Patna
- respondent
HUDCO
Coram
Case details
As recorded by the court registry
All orders in this case
10 orders share this CNR
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