Jharkhand High Court
Indian Bank (Erstwhile Allahabad Bank) vs Kiran Srivastava & Others on 11 April, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.274 of 2020
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Indian Bank (Erstwhile Allahabad Bank).... ... Appellant Versus Kiran Srivastava & Others ... ... Respondents
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellant : Ms. Amrita Sinha, Advocate For the Respondent No.2 : Mr. Aditya Raman, AC to GA-III For the Respondent No.3 : Mr. S.P.Roy, Advocate
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Order No. 06/Dated 11th April, 2023 This Court, while hearing the learned counsel appearing for the appellant Bank, has issued notice upon the Respondent No.1 vide order dated 12.09.2022. Since the notice was hanged on the front door, therefore, the appellant was again directed to take fresh steps for service of notice vide order dated 21.03.2023 to be served through the Senior Superintendent of Police, Ranchi.
The steps for service of notice as per order dated 21.03.2023 has been taken.
An affidavit has been filed on behalf of Senior Superintendent of Police, Ranchi in the Court today after serving a copy of the same upon the learned counsel appearing for the appellant. The same has been taken on record.
The affidavit filed on behalf of Senior Superintendent of Police indicates that none was found at the address provided, i.e., 64-D, Road No.1, Ashok Nagar, P.O. - Ashok Nagar, P.S. - Argora, District-Ranchi rather, his son namely Sri Anil Kumar was found at the same 2 address. It has been informed that Respondent No.1, Kiran Srivastava, his mother, is living in Delhi but denied to give full address of Respondent No.1 He also denied to receive the said notice dated 26.03.2023 as is evident from the report contained in Memo No. 7676/23 dated 05.04.2023 as appended as Annexure-A and B. It further appears from a document contained in the record as Flag-A wherefrom it is evident that learned State counsel had also requested the son of Respondent No.1 over his mobile number to accept the notice or apprise the present address of Respondent No.1, namely, Kiran Srivastava but the said request was denied.
In view thereof, let fresh steps be taken for substituted service by way of paper publication in the local newspaper at Ranchi and since the Respondent No.1 is residing in Delhi, let publication be also made in the daily newspaper of Delhi Edition.
The requisites etc. be filed within one week. Learned counsel for the appellant is directed to file due affidavit enclosing therein the paper publication within two weeks.
Office is directed to do the needful.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) Birendra/