Delhi District Court
'Chhotey Lal vs . M/S Aaryany Creations Pvt. Ltd.' It Is ... on 17 November, 2012
FFE. HARISH KUMAR, P. SERVER
BEFORE THE ENQUIRY OFFICER SH. RAVINDER SINGH,
ADMINISTRATIVE CIVIL JUDGE (EAST), KARKARDOOMA
COURTS, DELHI
FFENO. : 03/2012
Unique Case ID No.: 02402C0123172012
Fact Finding Enquiry
Against
Sh. HARISH KUMAR, PROCESS SERVER.
DATE OF INSTITUTION: 01.05.2012
DATE OF RESERVING THE ORDER: 17.11.2012
DATE OF DECISION: 17.11.2012
ORDER
1. This fact finding inquiry was endorsed to me by the Ld. District Judge & Additional Sessions Judge, Incharge East District on the complaint of Sh. P.S. Malik, Ld. POLCXI dated 28.04.2012 against process server Harish Kumar regarding not serving the process upon M/s Aaryany Creations Pvt. Ltd.(herein after called management) in case file titled as 'Chhotey Lal vs. M/s Aaryany Creations Pvt. Ltd.' It is alleged in the complaint that Process Server Harish Kumar has not served the management intentionally as in another case, the management was served on the same address by process server Sh. M.K. Sharma.
2. For the purpose of this fact finding enquiry, I called two FFENO.03/2012 Page1/4 FFE. HARISH KUMAR, P. SERVER witnesses, Naib Nazir Sh. Preetam lal from Nazarat Branch and process server Sh. M.K. Sharma.
3. Sh. Preetam Lal stated that he marked the summon received from the court of Sh. P.S. Malik Ld. POLCXI for service to management M/s Aaryany Creations Pvt. Ltd. for appearance on 09.04.2012 to process server Harish Kumar vide entry no.380 dated 19.03.2012 in register no.23. He further stated that Harish Kumar returned the unserved process to him on 26.03.2012. He further stated that he received another summon for service to management M/s Aaryany Creations Pvt. Ltd. for appearance on 09.04.2012 and he marked the said process to process server M.K. Sharma vide entry no.397 dated 22.03.2012 in register no.23 and he returned back the process with due service.
4. Sh. M.K. Sharma, process server deposed that he received the summon for service to management M/s Aaryany Creations Pvt. Ltd. for appearance on 09.04.2012 and he served the same on Manish Kumar the employee of management and submitted his report Ex.D1 which bears his signatures.
5. I have gone through the material available on record after FFENO.03/2012 Page2/4 FFE. HARISH KUMAR, P. SERVER examination of relevant witnesses.
6. Process server Sh. M.K. Sharma has not deposed that he has served the summon on management or his authorized agent on the address given on the summon. Further the report of Sh. M.K. Sharma Ex.D1 reveals that one Manish Kumar Jha received the summon for management and he put the seal of management firm which is read as Aaryany Creations Pvt. Ltd.
Tin No.760005541, st Shop No.108, 1 floor, Plot No.22, Krishna Plaza, Sector10, Dwarka, New Delhi75". Phone No.01145784548
7. Further Manish Kumar also put his signatures for RZI, Solanki Appartments Matiala Extn. Uttam Nagar, New Delhi59. It is clear from the seal & address written by Manish Kumar Jha the employee of management of M/s Aaryany Creations on Ex.D1 that the address given on summons is not complete and process has been served by process server Sh. M.K. Sharma by his special efforts. In view of aforesaid discussion and after going through the statement of witnesses, I am of considered opinion that no case is made out against process server Harish Kumar. Hence, enquiry against Process Server Harish Kumar is dropped. FFENO.03/2012 Page3/4
FFE. HARISH KUMAR, P. SERVER
8. Ahlmad is directed to send the enquiry file along with enquiry report in sealed cover to the Ld. ACJ(Central).
Announced In Open Court (RAVINDER SINGH)
17.11.2012 Administrative Civil Judge(East)
Karkardooma Courts,Delhi
FFENO.03/2012 Page4/4