Bank of Baroda v. Shri Kameshwar Lal & Anr.
Case brief
What is this about?
In an appeal before a single judge, the court directed the appellant to effect service on the unserved respondent no. 2 via newspaper publication within ten days and allowed the respondent no. 1 time to file a reply. The case was listed for further service proceeding.
What did the court decide?
Appellant allowed ten days to serve respondent no. 2 via newspaper publication; respondent no. 1 allowed time to file reply.
What the court decided
Appeal Dy. No. 59/2020 Date: 23.05.2023
Present: Shri G. K. Srivastava, counsel for the appellant, Shri Mahendra Kumar, Advocate holding brief of Shri Abhishek Srivastava, counsel for the respondent no. 1,
Affidavit of service has been filed by the counsel for the appellant, according to which the respondent no. 2 has not been served.
Learned counsel for the appellant submits that he may be permitted to take further steps for service of notice upon the respondent no. 2 through paper publication.
As prayed, let the appellant take fresh steps within 10 days for service of notice upon the respondent no. 2 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.
Learned counsel for the respondent no. 1 seeks time to file reply. Let the same be filed by the next date.
List this case on 08.09.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the appellant can be permitted to issue newspaper publication for service on the unserved respondent no. 2
Whether the respondent no. 1 needs time to file reply to the appeal petition
Parties & counsel
- appellant
Appellant
- respondent
Respondent no. 1
- respondent
Respondent no. 2
Coram
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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