This order directs the appellant to effect statutory service upon respondents no. 2 to 6 via newspaper publication due to returned summonses and lists the matter for future hearing to consider a pending substitution application.
Direction to serve notice by newspaper publication within 10 days and file affidavit of service.
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Appeal Dy. No. 825/2022 Date: 02.02.2023
Mahabir Singh Vs. Punjab National Bank & Ors.
Present: Shri Himanshu Mishra, Advocate holding brief of Shri Abhay Kumar Singh, counsel for the appellants, Shri Abdul Majeed, Advocate holding brief of Shri Praveen Dwivedi, counsel for the respondent-F.I.
Vide order dated 14.11.2022 of this Tribunal, the notices were issued to the respondents, but the office report dated 01.02.2023 shows that the notice sent to the respondent no. 2 has returned back with endorsement “nobody resides at the given address”, notice sent to the respondent no. 4 has also returned back with endorsement “inspite of repeated visits, the addressee could not be found” and notice sent to the respondents no. 5 & 6 have also returned back with endorsement “the said respondents have left the given address” and no affidavit of service has been filed.
Let the appellant take fresh steps within 10 days for service of notice upon the respondents no. 2 to 6 by publication in the newspapers having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.
A mention has been made on behalf of the counsel for the appellant that the appellant has died therefore, the substitution application is to be filed, which is under preparation.
List this case on 19.04.2023, by which time the substitution application may be filed by the next date.
Justice R. D. Khare Chairperson
VN Giri
Mahabir Singh
Punjab National Bank
Respondent No. 2
Respondent No. 4
Respondent No. 5
Respondent No. 6
R. D. Khare
VN Giri
As recorded by the court registry
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