Citation : 2025 Latest Caselaw 6411 Ori
Judgement Date : 30 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.99 of 2020
Purnima Sethi .... Petitioner
None
-versus-
Kshitish Kumar Sethi .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
30.06.2025 Order No.
06. This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner is absent on call.
3. As per the office note, pursuant to order dated 03.11.2020, notice issued to the sole Opposite Party by Registered Post with A.D. has returned unserved with a postal endorsement "Not Found", hence returned to sender.
4. As is revealed from the record, notice was issued to the sole Opposite Party in the address furnished by him in CP No.36 of 2020, being the Petitioner.
5. Accordingly, in view of the judgments of the Supreme Court reported in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran Vs. Sankaran Vaidhyan Balan & anr.), in (2006) 6 SCC 456 (D. Vinod Shivappa Vs. Nanda Belliappa), in (2007) 6 SCC 555 (C.C. Alivi Haji Vs. Palapetty Muhammed & anr.) and in (2014) 12 SCC 685 (Ajeet Seeds Limited Vs. K. Gopal Krishnaiah), the notice on the Opposite Party is held to be sufficient.
6. As is revealed from the record, though on 16.12.2020 and 05.01.2021 the matter was listed, but Counsel for the Petitioner was found absent. Today also the Counsel for the Petitioner is found absent, when the matter is called.
7. Accordingly, the transfer petition stands dismissed for non-prosecution.
(S. K. MISHRA) JUDGE Mona
Location: High Court of Orissa
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