been proved as Ex.PW-1/4 to Ex.
PW--1/6; UPC receipt had been proved as Ex. PW--1/7. Both the
fact
Legal notice dated 20.11.2011 had been proved as Ex.PW-
1/5, UPC receipt as Ex.PW-1/9, acknowledgment cards
UPC
receipt evidencing its dispatch; what was in the UPC has not
been established by the defendant
also
the address of the defendant at the World Trade Centre. The
UPC receipts are Ex. PW-1/149 to Ex. PW-1/150, postal
been exhibited as Ex. PW-1/6 &
Ex. PW-1/7. UPC receipt was also exhibited as Ex. PW-1/8. AD Card
receipt
impugned judgment that merely because the legal notice had been
sent by UPC is not sufficient to hold that it would be suspect
document; such ... Gupta . It
is pointed out that even for a communication sent by UPC, a
presumption of service can be raised.
8. Arguments have been countered
petitioner through postal
certificate. The second call letter has been sent by UPC. Presumption under
section 114(f) of the Indian Evidence Act is also
been sent by ordinary post; neither the UPC nor
the AD card has been proved; thereafter various communications
bears the correct
address of his factory. The UPC also bears the correct address. In
these circumstances, a presumption against the
appellant/defendant will have