Sundaram Finance Ltd vs Dinesh Das And Sons Mines ..... Opposite ...
2024 Latest Caselaw 8410 Ori

Orissa High Court

Sundaram Finance Ltd vs Dinesh Das And Sons Mines ..... Opposite ... on 6 May, 2024

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.
                                     No.7456 of 2024


            Sundaram Finance Ltd.             .....           Petitioner

                                   Mr. S.Mukunth, Sr. Advocate being
                                   assisted by Mr. P.K. Ray, Advocate
                                   -versus-
            Dinesh Das and Sons Mines .....        Opposite Parties
            and Steels Private Ltd. &
            others
                               Mr. S.R. Mohanty, Advocate
                               (For Opposite Party No.3)

              CORAM: JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

Order No. 06.05.2024

02. This matter is taken up through hybrid mode.

2. Pursuant to order dated 03.04.2024, notice being issued, Mr. S.R. Mohanty, learned Counsel is present and files Vakalatnama duly executed in his favour by the Opposite Party No.3. The same is taken on record.

3. Mr. Mohanty prays for two weeks' time to file the Counter Affidavit.

4. So far as Opposite Party No.2 is concerned, in view of the postal endorsement that "Addressee left without instruction", notice issued to the said Opposite Party is deemed to be sufficient in view of the judgment of the M/s. Madan apex Court reported in AIR 1989 SC 630 (M/s. and Co. Vs. WazirJaivir Chand Chand).

5. So far as Opposite Party No.1 is concerned, though it is a Private Limited Company,, surprisingly noting has been given by the Delivery Agent that

"Addressee absent for more than seven days.. Hence, returned to sender". Hence, Office is directed to call for a report from the Postal Department as to the basis to give such a report by the Delivery Agent.

6. Apart from the same, learned Counsel for the Petitioner is directed to ffile ile requisites for issuance of notice to the Opposite Party No.1 afresh by Registered/Speed Post with A. A.D.. by tomorrow (07.05.2024).

7. On filing of requisites, Office is directed to issue notice to the Opposite Party No.1 fixing a short returnable date.

8. Matter be listed on 24th June, 2024. Counter by Opposite Party No.3, No.3 be filed in the meantime after serving copy of the same on the learned Counsel for the Petitioner.

9. Office is directed to indicate the name of Mr. S.R. Mohanty, learned Counsel for Opposite Opposite Party No.3 in the cause list so also brief.

10. Tracking report of notice issued to Opposite Party No.1 be kept on record before the next date of listing.

Prasant                                               (S. K. MISHRA)
                                                          JUDGE

Signed by: PRASANT KUMAR PRADHAN

Date: 07-May-2024 11:22:45