Upa. directed to make fresh newspaper publication for service of notice on respondents 3 and 4 as the earlier publication was defective.
Fresh paper publication for service on respondents no. 3 & 4 within 15 days. Affidavit of service and proof to be filed next date.
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Regular Appeal No. 10/2021 Date: 24.03.2022
Ishrat Jahan Vs. State Bank of India
Present: Shri Ashok Pandey, counsel for the appellant, S.K. Srivastava, counsel for the respondent-Bank, Shri V.K. Shukla, counsel for the respondent No.2, Shri Suhail Ahmad, counsel for the respondent No. 5,
Perusal of the earlier order dated 22.09.2021 shows that the appellant had sought time to file affidavit of service for the respondents No. 4 and 5 and the appellant was directed to take steps for service of notice upon the respondent No. 3 through paper publication in the Newspapers. Accordingly, the steps were taken.
Learned counsel for the appellant has filed today affidavit of service stating that the paper publication has been made and all the respondents have duly been served.
Affidavit of service filed by the appellant shows that no notice has been delivered to the respondent no. 4. Even the perusal of paper publication reveals that respondent no. 3 has not been named in the paper publication to authenticate that proper publication has been made for service of notice upon the respondent no. 3. Therefore, the paper publication is also not proper.
In view of the above, let the fresh paper publication be made for service of notice upon the respondents no. 3 & 4 by the appellant. Steps be taken within 15 days. Affidavit of service along with proof of publication be filed by the next date.
Learned counsels appearing for the served respondents pray for some time to file reply. Let the same be filed by the next date.
List this case along with Appeals Dy. No. 172/2020 and Dy. No. 173/2020 on 26.07.2022 for service.
Justice R. D. Khare Chairperson
VN Giri
Ishrat Jahan
State Bank of India
R. D. Khare
VN Giri
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
