Vinod Khandelwal v. Pramod Khandelwal and 5 Ors.
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Appeal Dy. No. 239/2022 Date: 28.11.2023
Vinod Khandelwal Vs. Pramod Khandelwal & Ors.
Present: Shri Swayambhu Chandranshul, counsel for the appellant, Shri Ritesh Upadhyay, counsel for the respondent no. 1,
The office report dated 24.11.2023 shows that as per tracking reports, the service of notice upon the respondents has not been made. Even the Bank officers, who are the respondent nos. 3, 4 & 5, are said to have been non recipient of the notice on account of door being locked, which is unbelievable that as to how the office of the bank can be locked during working hours. Let a report be called for from the post office concerned with regard to the authenticity of the tracking report given by the official concerned by the next date fixed in this case.
Let the appellant take fresh steps within 10 days for service of notice upon the unserved respondents 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.
As jointly prayed, list this case along with appeal Dy. No. 105/2022 on 08.03.2024.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the service of notice upon respondents needs to be verified by calling for a report from the post office regarding the authenticity of the tracking report.
Whether the appellant proceeds with service of notice by publication in the newspaper for unserved respondents.
Parties & counsel
- appellant
Vinod Khandelwal
- respondent
Pramod Khandelwal
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090002392022
- Topic
- Banking and Recovery
All orders in this case
17 orders share this CNR
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