Indian Bank v. Bank of Baroda and 4 Ors.
Case brief
What is this about?
Single bench order on appeal. Issues service of notices on respondents. Directs appellant to institute publication-based service and file affidavit of service within 10 days; lists for service on 07.02.2023.
What did the court decide?
Directions for service of notice by publication and filing of affidavit of service by next date; listing for 07.02.2023.
What the court decided
Appeal Dy. No. 164/2022 Date: 11.11.2022
Indian Bank Vs. Bank of Baroda & Ors.
Present: Shri A. K. Srivastava, counsel for the appellant, Shri Maneesh Mehrotra, counsel for the respondent-Bank,
Learned counsel for the appellant files postal receipts, which is taken on record.
Pursuant to the earlier order dated 20.05.2022, the notices were issued to the respondents and the office report dated 10.11.2022 shows that as per order dated 20.05.2022, necessary impleadment has been carried out. Notice sent to the respondent nos. 2 & 3 has returned back with endorsement “the addressee does not reside at the given address”. Further, no affidavit of service has been filed to authenticate the service of notice upon the respondent no. 5.
Learned counsel for the respondent-bank seeks further time to file reply, which may be filed by the next date.
Learned counsel for the appellant is directed to take fresh steps within 10 days for service of notice upon the respondent no. 2, 3 & 5 by publication in newspapers having wide circulation in the area, where the said respondents reside. Affidavit of service along with proof of publication be filed by the next date.
List this case on 07.02.2023 for service.
Justice R. D. Khare Chairperson
Parties & counsel
- appellant
Indian Bank
- respondent
Bank of Baroda
Coram
R. D. Khare
Case details
As recorded by the court registry
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6 orders share this CNR
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