M/S Venus Cement Ltd. v. Indian Overseas Bank and Ors.
Case brief
What is this about?
The bench held that an affidavit of service lacking a tracking report fails to authenticate service of notice upon respondents. The appellant was directed to effect service via newspaper publication within 10 days and file subsequent proof by the next date.
What did the court decide?
Appellant directed to effect service via newspaper publication within 10 days and submit proof of publication.
What the court decided
A compact analysis
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Appeal Dy. No. 256/2019 Date: 20.02.2023
M/s Venus Cement Ltd. Vs. Indian Overseas Bank & Ors.
Present: Shri Prashant Kumar Pandey, counsel for the appellant,
Learned counsel for the appellant had filed an affidavit of service without tracking report, but till date no tracking report has been filed, therefore, it cannot be authenticated that whether the notices sent to the respondents have been served or not. Therefore, the appellant is directed to take fresh steps within 10 days for service of notice upon the respondents through publication in the newspaper having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.
List this case on 10.05.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether an affidavit of service without a tracking report suffices to authenticate service of notice.
Parties & counsel
- appellant
M/s Venus Cement Ltd.
- respondent
Indian Overseas Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
9 orders share this CNR
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