2023 (10) TMI 1527 - SCH - Indian Laws

Service of notice when returned as unclaimed - HELD THAT - As it was held by the Hon ble Supreme Court in K. Bhaskaran Vs. Sankaran Vaidhyan Balan and Another 1999 (9) TMI 941 - SUPREME COURT that when notice is returned as unclaimed it shall be deemed to be duly served upon the addressee and it is a proper service of notice. It has been observed that Registry mentions in the office report that where the notice is returned as refusal is complete/proper service whereas when it is returned as unclaimed is not proper service/incomplete service. In the opinion of this Court it is not proper and correct. The word refusal can be interpreted in synonymous to the word unclaimed . As held by the Hon ble Supreme Court in the above decisions when a notice is served to the proper address of the addressee it shall be deemed to be served unless contrary is proved. Thus when the notice is returned as unclaimed it shall be deemed to be served and it is proper service. Therefore service of notice to the sole respondent which has returned as unclaimed is considered as deemed to be served but none has entered appearance. Registry to process the matter for listing before the Hon ble Court as per rules.

Summary

Summary:The Supreme Court addressed the issue of service of notice when returned as "unclaimed." Citing K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510 and Ajeet Seeds Ltd. v. K. Gopala Krishnaiah (2014) 12 SCC 685, the Court held that such a return is deemed proper service. Specifically, relying on Section 27 of the General Clauses Act, 1897 and Section 114 of the Evidence Act, 1872, the Court stated:"...service of notice has been effected when it is sent to the correct address by registered post... Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of business."The Court rejected the Registry's view that "unclaimed" return is incomplete service, equating "refusal" and "unclaimed" as synonymous for service purposes. Consequently, service of notice returned as unclaimed is "deemed to be served," despite no appearance by the respondent. The Registry was directed to list the matter accordingly.