receive the notice and the same was
returned as "Intimated Unclaimed". Exs.P.6 and P.7 are the returned Postal
Covers ... returned under
Exs.P.6 and P.7 as " Intimated Unclaimed " and that there was no
proper service of notice upon
said notices were returned un-served with
endorsements 'unclaimed', 'intimation served', 'door lock' etc. Therefore,
the case ... same
were returned un-served with endorsements 'unclaimed', 'intimation
served' 'door lock' etc. The copies of the returned postal
telegraph department at exhibit
9 was returned with the remark "Unclaimed intimation posted."
Based on the same the Trial Court held that ... strenuously
contended that, once the postal remark indicates as "intimation
given, unclaimed, not-claimed", this necessarily amounts to
proper service on the addressee
private
notice sent to the petitioner was returned with an endorsement “unclaimed-
intimation delivered” and hence the substituted service by paper publication ... private notice sent to the petitioner was returned
with an endorsement “unclaimed-Intimation delivered”, the Trial Court ought
not to have ordered paper publication
further observed that the return of postal cover as "Intimated Unclaimed" by itself would not amount to constructive notice when ... this case, the postal articles were returned with endorsements "intimated" and "unclaimed". Presumption of service clearly arises in the facts
returned back with the remarks of the Postman "intimation
posted" and "unclaimed" or "not claimed" can be taken ... summons or notice is returned with remark "intimation posted" and
"unclaimed" or "not claimed". The Sub-Rule
address which returned with postal remarks "Unclaimed". There is an additional remark stating "Intimation" and there was a third postal remark ... notice as the packet had returned with the endorsements "unclaimed", "intimation" and "not claimed"
The same supports the case
Notice was sent on 19.12.1992. That notice was returned "intimation served; not claimed". Applying the decision ... hand. In my view the return of postal cover as "Intimated-Unclaimed" by itself would not amount to constructive notice when
packet
was returned by the postal authorities with the endorsement
"intimation and unclaimed" . The plaintiff therefore, filed an affidavit of
service ... Sheriff of Bombay has been returned with the endorsement
"intimation and unclaimed" If intimation is posted at the wrong
address, can the defendant
Shailesh Gupta And Ors vs Asset Reconstruction Company Ltd And ... on 12 September, 2022
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