The Tribunal directed the appellant to take fresh steps for service of notice upon specific respondents via newspaper publication due to returned addresses or lack of proof of service, requiring affidavit filing within fifteen days and listing for further service steps.
Direction for service of notice via newspaper publication within 15 days.
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Appeal Dy. No. 94/2022 Date: 04.08.2022
Canara Bank Vs. M/s Maruti Nandan Foods Products Pvt. Ltd. & Ors.
Present: Shri Maneesh Mehrotra, counsel for the appellant, Shri Amir Khan, Advocate holding brief of Shri Alok Rai, counsel for the respondent no. 1,
The office report dated 03.08.2022 shows that pursuant to the earlier order of this Tribunal dated 11.04.2022, notices were issued to the respondents, but notices sent to the respondent nos. 4 & 5 have returned back with endorsement “the addresses do not reside at the given address”. The said report further reveals that no affidavit of service along with tracking report has been filed by the appellant and neither A.D. Card nor envelops have returned back with regard to the notice sent to the respondents no. 2 & 3.
Let the appellant take fresh steps for service of notice upon the respondent nos. 4 & 5 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 and tracking report be filed by the next date.
Learned counsel for the respondent no. 1 may file reply by the next date.
List this case on 14.11.2022 for service.
Justice R. D. Khare Chairperson
VN Giri
1 issue framed by the court
Procedure for fresh service of notice where addresses are invalid or service not properly proven.
M/s Maruti Nandan Foods Products Pvt. Ltd.
R. D. Khare
VN Giri
As recorded by the court registry
9 orders share this CNR
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