Karnataka Bank Limited v. M/ S Sima Cement Agency and 2 Ors.
Case brief
What is this about?
The court directed the appellant to serve notice on respondents via newspaper publication after returns indicated non-residence at the given address. The next hearing was set for 22.03.2023 to verify affidavit of service.
What did the court decide?
Directions for service of notice through newspaper publication after previous service attempts failed due to incorrect address or non-residence.
What the court decided
Appeal Dy. No. 380/2022 Date: 21.12.2022
Karnataka Bank Ltd. Vs. M/s Sima Cement Agency & Ors.
Present: Ms. Anubha Gupta, Advocate holding brief of Shri N. K. Srivastava, counsel for the appellant,
The office report dated 20.12.2022 shows that pursuant to the earlier order dated 29.09.2022, the notice sent to the respondent no. 1 has returned back with remark “left” and the notices sent to the respondent nos. 2 & 3 have returned back with remark “addressee does not reside at the given address”. Therefore, learned counsel for the appellant is directed to take fresh steps for service of notice upon the respondent nos. 1, 2 & 3 through publication in the newspapers having wide circulation in the area, where the said respondents reside. The affidavit of service along with proof of publication be filed by the next date.
List this case on 22.03.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Direction for serving notice on respondents through newspaper publication after regular service failed.
Parties & counsel
- appellant
Karnataka Bank Ltd.
- respondent
M/s Sima Cement Agency & Ors.
Coram
Justice R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 091090003802022
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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