HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 301 of 2010 Petitioner :- U.P. State Road Ways Transport Corporation Thru R.M. Respondent :- Smt. Anguri Devi Petitioner Counsel :- Ramanuj Pandey Hon'ble Satya Poot Mehrotra,J.
Hon'ble Yogesh Chandra Gupta,J.
Sri Ramanuj Paney, learned counsel for the appellant, submits that in the appeal, there are only four respondents but in the Delay Condonation Application, five respondents have been erroneously mentioned.
Perused the office report dated 2nd August, 2011 in regard to service of notices issued to the respondents by Registered Post A.D. in respect of the Delay Condonation Application.
As regards the respondent nos. 1 to 3, the office report states that " neither undelivered cover nor acknowledgement have been received back after service". In view of the said office report, service of notice on the respondent nos. 1 to 3 is deemed to be sufficient in view of the provisions of Explanation II to Rule 12 of Chapter VIII of the Rules of the Court.
As regards the respondent no.4, the said office report states that the notice sent by Registered Post A.D. has been received back with the Post Office remark " incomplete address"
In view of the above, let fresh notice be issued to the respondent no.4 by Registered Speed Post A.D. fixing 19th October, 2011.
Requisite steps will be taken within three weeks.
List this case on 19th October, 2011.
Order Date :- 3.8.2011 NS