Bank of Baroda v. Yadav Dairy Farm and 3 Ors.
Case brief
What is this about?
On service deficiency regarding notice to respondents nos. 1 & 2, the court directed the appellant to serve via newspaper publication within 15 days and allowed respondents nos. 3 & 4 a week to file a reply after service.
What did the court decide?
Directed appellant to serve notice via newspaper publication within 15 days; granted respondents nos. 3 & 4 one week to file reply.
What the court decided
Appeal Dy. No. 218/2020 Date: 14.07.2022
Bank of Baroda Vs. Yadav Dairy Farm & Ors.
Present: Shri Maneesh Mehrotra, counsel for the appellant, Shri V. K. Shukla, counsel for the respondent nos. 3 & 4,
The record shows that the affidavit of service has been filed without any postal receipts, which does not authenticate the service of notice upon the respondents no. 1 & 2. Therefore, learned counsel for the appellant is directed to take steps within 15 days for service of notice upon the respondent nos. 1 & 2 through publication in the newspapers having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.
Learned counsel for the respondents no. 3 & 4 seeks last opportunity to file reply within a week after serving copy of the same upon the counsel for the appellant, which is granted.
List this case on 28.09.2022 for service.
Justice R. D. Khare Chairperson
VN Giri
Issues for consideration
2 issues framed by the court
Whether service of notice upon respondents nos. 1 & 2 is sufficiently authenticated by the affidavit of service without postal receipts?
What steps must the appellant take to effect valid service?
Parties & counsel
- appellant
Bank of Baroda
- respondent
Yadav Dairy Farm & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090002182020
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court