M Jayamma vs. Union Of India

CIVIL APPEAL NO(s). 300 OF 2012

DEVYANI INTERNATIONAL LTD. Appellant (s)

VERSUS

U.O.I. AND ORS Respondent(s)

O R D E R

The Office Report dated 28.02.2014 discloses that service of notice could not be effected on respondent no.8, in view of the endorsement on the certificate of service, which states, "Company does not exist at given address."

Office Report further discloses that in spite of intimation about the above fact to the counsel for the appellant in writing on 13.07.2013, no steps were taken for effecting service of notice on unserved respondent no.8.

With a view to give a final opportunity, the appellant is granted four weeks' time for taking necessary steps to effect service on respondent no.8. Failing compliance within the time granted, the appeal will stand dismissed for default as against respondent no.8.

..........................J. FAKKIR MOHAMED IBRAHIM KALIFULLA

NEW DELHI; MAY 09, 2014

1 ITEM NO.13 COURT NO.12 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 300 OF 2012 DEVYANI INTERNATIONAL LTD. Appellant (s) VERSUS

U.O.I. AND ORS Respondent(s)

Date: 09/05/2014 This Appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA (IN CHAMBERS)

For Appellant(s) Mr. Ravi Kumar Tomar,Adv.

For Respondent(s) Ms. Mini Kaushik,Adv.

UPON hearing counsel the Court made the following O R D E R The Office Report dated 28.02.2014 discloses that service of notice could not be effected on respondent no.8, in view of the endorsement on the certificate of service, which states, "Company does not exist at given address." Office Report further discloses that in spite of intimation about the above fact to the counsel for the appellant in writing on 13.07.2013, no steps were taken for effecting service of notice on unserved respondent no.8. With a view to give a final opportunity, the appellant is granted four weeks' time for taking

2 necessary steps to effect service on respondent no.8. Failing compliance within the time granted, the appeal will stand dismissed for default as against respondent no.8.

Mr. B. Krishna Prasad,Adv.

(Narendra Prasad) (Asha Kiran Bhardwaj) Court Master Court Master

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