speed post have been received
back as undelivered with postal remarks "UNCLAIMED".
It was decided to hold the next meeting ... their advocate has
been received back with postal remarks "INTIMATION
DELIVERED - UNCLAIMED". However Mr. Satish Kumar,
Advocate, from M/S Sanjeev Singh
postal receipt on this occasion and the envelope
has been returned "unclaimed".
14. Learned counsel for the appellant then referred to the judgment ... envelop
is returned with remarks "intimation posted", "not claimed" or
"unclaimed". The Court held that the presumption of service
postman recorded that intimations were issued and thereafter the envelopes containing the summons were returned back as 'unclaimed'. The postman has not recorded
cannot be accepted as an intimation to the appellant. Further, the
endorsement that the envelope remained unclaimed is also of no
consequence as there ... post
were received back unclaimed with the endorsement of visits on two
dates by the postman and report of intimation delivered.
24. The Trial Court
shows that arbitrator
sent his first notice dated 14.7.2004 to the petitioners
intimating them about the next date of hearing as
26.7.2004. The notice ... report
"refused" or "unclaimed". Arbitrator then sent another
notice dated 20.10.2004 to the petitioners intimating them
that they have been proceeded
parking site and
requested the defendants to remove the hindrances. Defendants were
intimated of non-availability of electricity connection at the parking
site ... site due to
water logging, drainage problem and about 150-200 unauthorized
unclaimed vehicles obstructing the parking area. The defendants were
requested to take immediate remedial
parking site and
requested the defendants to remove the hindrances. Defendants were
intimated of non-availability of electricity connection at the parking
site ... site due to
water logging, drainage problem and about 150-200 unauthorized
unclaimed vehicles obstructing the parking area. The defendants were
requested to take immediate remedial
after 1 April 2018, which fell within the category of uncleared /
unclaimed cargo in terms of Section 48 of the Act. Auction proceeds
were required ... unclaimed / uncleared cargo and read thus:
"(ii) Customs shall scrutinize the custodian's list with their own
files/records and intimate the custodian
issue of deemed service of notice when the notice has been returned unclaimed, the Court also made, in the process, following observations relating ... this aspect:
Thus, when a notice is returned by the sendee as unclaimed such date would be the commencing date in reckoning the period
case of C.C. Alavi Haji (supra) has held
that unclaimed service would amount to refusal of service and
in that situation, service of arbitral ... petitioner
though it was not claimed by the petitioner inspite of intimation
posted by the postman, it will not amount to delivery of the
award
