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2016 (11) TMI 1725 - BOMBAY HIGH COURTDishonor of Cheque - return of packet with the endorsement "unclaimed" - good service of statutory notice or not - HELD THAT:- There is a well-established presumption that the return of packet with the endorsement "unclaimed" is good service. Obviously, this means that an intimation of the packet was left with the Defendant at Navi Mumbai address and the Defendant was required to claim that packet. This is settled by a long line of authority on an interpretation of Section 27 of the General Clauses Act and Section 114 of the Evidence Act. The Defendant has been properly served in view of the substituted service effected in Gurgaon; and, in any event, the presumption against the Defendant regarding service being effected in Navi Mumbai must also be drawn since the packet was properly despatched as required through the Sheriff's office and has been returned 'unclaimed'. List the Suit for ex parte decree on 9th December 2016.
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