TMI Blog2016 (11) TMI 1725X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice 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. - Commercial Suit No. 110 of 2016 (Old Suit No. 206 of 2015) - - - Dated:- 22-11-2016 - G.S. Patel, J. For the Appearing Parties : Ramesh Gajria i/b Gajria and Company. DECISION G.S. Patel, J. 1. The Plaintiff gives two addresses for the Defendant, one in Gurgaon and other in Navi Mumbai. The Plaintiff obtained leave for substituted service and effected the service by the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect address on it is deemed to have been served. 15. The judgment would apply to a notice under Section 434(a)(1) of the Companies Act with greater force. Section 138 of the Negotiable Instruments Act entails criminal consequences, whereas Section 434(1)(a) involves only civil consequences. Moreover the requirements of a notice under Section 138 of the Negotiable Instruments Act are stricter and wider. Despite the same, the Supreme Court held that a person who properly addresses a notice and mails it would be deemed to have fulfilled his obligation of sending the notice even if the same is returned unclaimed. On a parity of reasoning, it must be held that a notice though returned unclaimed, if duly mailed by registered post addressed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... signed award sent by the learned arbitrator inspite of the postman having posted the intimation, the limitation would never commence for filing a petition under Section 34(3) of the Arbitration Act and the beneficiary of the award would never be able to apply for execution of such award. The arguments of the learned counsel for the petitioner, in my view, is ex facie contrary to the principles laid down by the Supreme Court in the case of C.C. Alavi Haji (supra) and judgment of the Calcutta High Court in the case of New Globe Transport Corporation (supra), contrary to Section 3 of the Arbitration and Conciliation Act, 1996, Section 27 of the General Clauses Act, 1897 and also to the provisions of Section 31(5) of the Arbitration Act, 1996 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otion, Kathawalla J directed that Writ of Summons be additionally served on the Defendant at two further locations at Noida and in Pune. Packets sent to these addresses were also returned. 7. In my view, 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'. 8. List the Suit for ex parte decree on 9th December 2016. [1] Datta S. Nadkarni v. Salvador Fernanda Ors, 2016 All MR (Cri) 3002; Dayanand L Naik Ors v. Vasco Urban Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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