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M/s. Ride Master Rims Pvt. Ltd. v. The State Bank of India

Madras HC21 Nov 2017WMP/27149/2017

Case brief

AI extract

What is this about?

The Madras High Court permitted the petitioner to effect substituted service of notice on the second respondent (B & C Machinery Ltd) through publication in *The Hindu* and *Deccan Chronicle* due to failure of personal service.

What did the court decide?

Permission granted to effect substituted service by paper publication in "The Hindu" and "Deccan Chronicle" setting out proceedings details and the date of next hearing.

M/s. Ride Master Rims Pvt. Ltd. Vs The State… — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Special Original Jurisdiction )

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Tuesday, the Twenty First day of November Two Thousand Seventeen

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PRESENT

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THE HON`BLE MR.JUSTICE S.MANIKUMAR

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AND

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THE HON`BLE MR.JUSTICE R.SURESH KUMAR

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WMP No.27149 of 2017

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IN WP.18036/2017

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M/S.RIDE MASTER RIMS PVT LTD [ PETITIONER ] REP.BY ITS DIRECTOR MRS.R.SIVASAKTHI, NO.27, AVADI POONAMALLEE ROAD, PARUTHIPET, CHENNAI 600 071

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1 THE STATE BANK OF INDIA [ RESPONDENTS ] (FORMELY STATE BANK OF TRAVANCORE) REP.BY ITS AUTHORISED OFFICER, ASSET RECOVERY MANAGEMENT BRANCH, NO.4/1, ELDAMS ROAD, ALWARPET, CHENNAI-600 018

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2 B & C MACHINERY LTD, REP,BY ITS PRESIDENT & CEO OF MACHINERY DIVISION, NO.208, ARAKONAM ROAD, SENGADU VILLAGE, SRIPERUMBUDUR TK, KANCHEEPURAM DIST, TAMIL NADU 602 002

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Order Substituted Service on the Second Respondent, by publication, in a Tamil Local Daily [ WP.No.18036 of 2017 ]

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Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.N.RAJAN, FOR M/S.R.ANNAMALAI, Advocate for the petitioner, the court made the following order:-

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(Order of the Court was made by S.Manikumar,J)

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According to the petitioner, notice ordered, on 31/8/2017, could not be served, either through Court or privately. Notice sent has been returned with an endorsement “left without instruction”, “returned to the sender”. In the above said circumstances, contending that the petitioner is not in a position to find out the whereabouts of second respondent, and left with no other option, except to approach this Court, by way of filing Miscellaneous Petition No.27149 of 2017, seeking permission to effect substituted service on the second respondent, in Tamil and English newspapers, widely circulated in Kancheepuram District, suitable orders have sought for.

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We have gone through the averments filed in support of W.M.P.No.27149 of 2017, and the postal endorsement and satisfied with the reasons assigned in the supporting affidavit.

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Respondent No.2 should be made known of the proceedings before us. Hence the petitioner is permitted to effect substituted service by way of paper publication in "The Hindu" (vernacular) and “Deccan Chronicle” (English), setting out the details of the prayer sought for in W.P.No.18036 of 2017 and specifically mentioning the date of next hearing as 7/12/2017. Publication shall be effected well in advance.

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/ TRUE COPY /

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Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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1 THE AUTHORISED OFFICER, STATE BANK OF INDIA (FORMELY STATE BANK OF TRAVANCORE) ASSET RECOVERY MANAGEMENT BRANCH, NO.4/1, ELDAMS ROAD, ALWARPET, CHENNAI 18

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2 PRESIDENT & CEO OF MACHINERY DIVISION, B & C MACHINERY LTD, NO.208, ARAKONAM ROAD, SENGADU VILLAGE, SRIPERUMBUDUR TK, KANCHEEPURAM DIST, TAMIL NADU 602 002 3 M/S.HINDU, [VERNACULAR ] NO.859/860, KASTURI BUILDINGS, GROUND FLOOR ANNA SALAI, CHENNAI-600 002. 4 M/S. DECCAN CHRONICLE [ENGLISH] SP3, DEVELOPED PLOT, INDUSTRIAL ESTATE, GUINDY, CHENNAI-600 002.

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C.C. to M/S.R.ANNAMALAI Advocate SR.NO.14729

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Order in WMP.27149/2017 in WP.18036/2017 Date :21/11/2017

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR 23/11/2017 [IT]

M/s. Ride Master Rims Pvt. Ltd. v. The State Bank of India

Case brief

What is this about?

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M/s. Ride Master Rims Pvt. Ltd. v. The State Bank of India

Case brief

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