Anil Pal and Anr. v. Jammu and Kashmir Bank Limited and 4 Ors.

Appeal Dy. No. 105/2019 Date: 16.05.2023

Present: Shri Varchaswa Dwivedi, Advocate holding brief of Shri Ashok Pandey, counsel for the appellant, Shri Shubham Agarwal, counsel for the respondent-Bank,

The office report dated 15.05.2023 shows that no tracking report has been filed to authenticate the service of notice upon the respondent no. 2, 3 & 5. The said report further records that the notice sent to the respondent no. 4 has returned back with endorsement “refused”. Therefore, the service of notice upon the respondent no. 4 is deemed to have been sufficient. The aforesaid report further shows that the objection to the delay condonation application has been filed, to which rejoinder has also been filed by the appellant. No pre-deposit has been made.

Let the appellant take fresh steps within 10 days for service of notice upon the respondent no. 2, 3 & 5 by publication in the newspaper having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.

The appellant may explain as to how the appeal is maintainable in absence of pre-deposit on the next date.

List this case on 25.08.2023 for service.

Justice R. D. Khare Chairperson

Anupam