Shri Yashpal Singh and 2 Ors. v. Industrial Financial Corporation of India and 7 Ors.

Appeal Dy. No. 1035/2022 Date: 26.04.2023

Present: None for the appellant, Shri Gaurav Srivastava along with Shri Shrey Sharma, counsels for the respondent no. 3,

The office report dated 24.04.2023 shows that the notice sent to the respondent no. 4 has returned back with endorsement “no such person resides at the given address”, the notice sent to the respondent no. 5 has returned back with endorsement “addressee left” and the notice sent to the respondent no. 6 has returned back with endorsement “the person is since deceased”. No affidavit of service has been filed by the appellant.

Let the appellant take fresh steps within 10 days for service of notice upon the respondent nos. 4 & 5 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.

Learned counsel for the appellant may file substitution application to bring the legal heirs of the respondent no. 6 on record.

Learned counsel for the respondent no. 3 seeks time to file reply. Let the same be filed by the next date.

List this case on 11.08.2023 for service.

Justice R. D. Khare Chairperson

Anupam