applicant/defendant no.4 has argued
that one endorsement of refusal of the postman should not be taken as a
correct basis for proceeding ... learned Single Judge of this Court has held
the endorsement of refusal of postman not to be believable on account of the
two conflicting endorsements
legal notice of all the defendants returned with report of postman refused.
The returned envelop alongwith postman endorsement
Whether the applicant/defendant No.4 did not refuse to
accept process when tendered by the postman on
29.05.2009."
FAO(OS) 108/2016 Page ... sender to establish
the actual "tender and refusal" by producing the postman concerned.
24. Mr Pravin Kumar, learned advocate appearing for the
plaintiff
construed of the endorsement recorded therein
by the postman concerned of the defendants refusing to
::: Downloaded on - 15/04/2017 20:29:29 :::HCHP ... defendants
refusing to accept service, concluded therefrom of refusal
of acceptance by the defendants of RAD covers from the
postman concerned tantamounted to theirs standing
Arbitration
Act inspite of intimation posted by the postman would amount to a
good service and refusal to accept the arbitral award and if whether ... postman and the same was not collected by the petitioner from the
post office. Admittedly, the intimation was posted in this case by the
postman
practical difficulty in posting a
regular Postman in the vacant post as there were 28 vacancies of Postman
lying unfilled in the departmental quota ... Cherukunnu MDG. Hence, the averment that there was
deliberate refusal /delay to post a regular Postman in the vacancy as alleged
by applicant
such statement on oath the
defendants had rebutted the presumption that they refused to receive the summons
and copy of the original plaint ... examination of the Court bailiff or the postman who
made the said remark "Refused" on the summons of the amended plaint, the learned
Money
Orders, the reason why they were refused was not stated in
the endorsement made by the postman. Hence the
endorsement made by the postman
Money
Orders, the reason why they were refused was not stated in
the endorsement made by the postman. Hence the
endorsement made by the postman
Money
Orders, the reason why they were refused was not stated in
the endorsement made by the postman. Hence the
endorsement made by the postman
