21st July, 1992 through Registered A.D. cover and UPC, but
despite the service of the said letter the respondent management
refused to reinstate ... alleged to have been sent by the respondent to the petitioner
through UPC. Counsel also submitted that the service by way of
UPC
correctly mentioned. This vital defect in the notices sent under Upc has been ignored by the Courts below. Moreover, learned Arc as well as Tribunal ... appellants are served with the notice of demand. The notice sent under Upc was proved on record as Exhibit AW.I/9. However, the name
also Ex.PW-1/A4) was issued on 23.04.1998 through UPC
vide UPC Receipt Ex. CW-1/H. Learned counsel submits that even ... Club, Bandra, Bombay". The same address
is also mentioned on the UPC. She submits that the said address is wrong,
as it does
filed. He further deposed
that the letter was sent by UPC and the original UPC dated 6.4.1998 is
proved as Ex.PW-1/5. This ... allowed to be exhibited. The postal
receipts by way of UPC placed on record as Ex.PW-1/5 were also dis-
allowed
issues raised including but not limited to:
• service of notice by UPC (paragraphs 23 to 25);
• the Appellants having exited the Company after receiving ... holding meetings without any
notice (as opposed to the Respondents having shown UPC records for
service of notice for their meetings) and appointing / removing direct
dated 02.11.2008 received by registered post, again issued information to him through UPC of the next date i.e. 26.11.2008. Resort to UPC appears ... subsequent letter dated 20.10.2008 sent to the same addresses by UPC had been receipted. On 26.11.2008, none again appeared for both the non-claimants before
response was
received. In support of this, the appellants rely on UPC receipts.
Ultimately, the appellants are stated to have inspected the records ... Rights issue.
(b) Notice, claimed to be issued by the respondents through UPC, had
actually never been issued by them; and the UPC produced
alleged notice has been stated to have been issued and dispatched, by UPC. The notice is for an EGM of Roadco (India) Private Limited ... Roadco(India) Private Limited came into existence. Therefore, it was argued, the UPC for the alleged meeting of 23.8.2004 could not have been issued
which
was sent to the accused on 28.08.2008 by registered AD and
UPC. All the above stated documents are exhibited in CC no.
7019 ... which
was sent to the accused on 28.08.2008 by registered AD and
UPC. All the above stated documents are exhibited in CC no.
7024
whatsoever with the defendant‟s organisation, whereas the
postal receipt, i.e., UPC is on the letter head of the defendant, showing its
address ... sending of such an important letter, would use the basis of
UPC, when hundreds and hundreds of letters everyday on
behalf of the bank
