Union Bank of India v. M/ S S K T Garments Pvt. Ltd. and 13 Ors.

Appeal Dy. No. 1108/2022 Date: 18.05.2023

Present: Shri Deepak Kapoor, Advocate holding brief of Shri Anuj Mandhyan, counsel for the appellant, Shri Amit Sonkar, counsel for the respondent nos. 3 & 4,

The office report dated 17.05.2023 shows that the reply of the respondent nos. 3 & 4 has not been filed. The said report reveals that the notice sent to the respondent nos. 6 to 9 has returned back with endorsement “left” and notice sent to the respondent no. 10 has also returned back with endorsement “the addressee could not be located” and the notice sent to the respondent no. 11 has returned back with endorsement “insufficient address”. The said report further shows that no tracking report has been filed to authenticate the service of notice upon the respondent nos. 1 & 2.

Let the appellant take fresh steps within 10 days for service of notice upon the respondent nos. 1 & 2 as well as 6 to 11 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 appellant submits that the arguing counsel Shri Anuj Mandhyan is out of station today, therefore, he is unable to appear before this Court, hence he seeks adjournment.

Learned counsel for the respondent nos. 3 & 4 seeks time to file reply. Let the same be filed by the next date.

List this case on 31.08.2023 for service.

Justice R. D. Khare Chairperson