Ni notice - return unclaimed
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
i have to recover 10L from Delhi base partner, we use to follow to his office and his residence for getting our payment,
when we sent NI138 notice same was returned unclaimed remarks, no such person stays , left since long.. by postal authority.
how to file a legal case against such partner. and how to prove to court at the time of filing. case
are any other ways of sending NI notice
pl suggest.
ajay sethi
(Expert) 13 January 2012
you should send notice by certificate of posting and regsitered AD. in some cases accused tend to manage with postman and notice is returned . find out whether accused is residing at said premises or not . surpeme court has held that when notice has been sent by registered post AD and returned with remarks addressee not in station , shop closed it is deemed to be proper service
.
ajay sethi
(Expert) 13 January 2012
The Hon‟ble Supreme Court after considering the scope of Section 114 of Evidence Act and Section 27 of General Clauses Act and its earlier decisions in the case of “D.Vinod Shivappa Vs. Nanda Belliappa” and in the case of K.Bhaskaran(supra), inter alia, held as under:
“……When applied to communications sent by post, Section 114 enables the Court to presume that in the common course ofnatural events, the communication would have been delivered at the address of the addressee. But the presumption that is raised under Section 27 of the G.C. Act is a far stronger presumption. Further, while Section 114 of Evidence Act refers to a general presumption, Section 27 refers to a specific presumption. For the sake of ready refernceSection 27 gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post in view of the said presumption, when stating that a notice has been sent by registered post to the address of the drawer, it is unnecessary to further aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge of the notice. 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. This Court has already held that when a notice is sent by registered post and is returned with a postal endorsement „refused‟ or „not available in the house‟ or „house locked‟ or „shop closed‟ or „addressee not in station‟ due service has to be presumed………………………………………………………..It is, therefore, manifest that in view of the presumption available under Section 27 of the Act, it is not necessary to aver in the complaint under Section 138 of the Act that service of notice was evaded by the accused or that the accused had a role to play in the return of the notice unserved.
Shonee Kapoor
(Expert) 13 January 2012
If you have issued notice, then file in court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 13 January 2012
Only the notice issued on the first instance is valid. You can file a case under sec.138 even if the notice is returned unclaimed.
Querist :
Anonymous
(Querist) 13 January 2012
Thanx Mr.Sethi /Mr.Shoonee,for your guidence
All the notices sent to Company and its Directors have been returned with
endorsement "Left", "Addresssee out of station for a long period" and "Left without address". on this reason can I file the case.. any chances of case getting rejected at the time of vertifications
ajay sethi
(Expert) 13 January 2012
you have nothing to losse by trying . as it is you have lost your mooney . you have to make efforts . contact a local lawyer
Raj Kumar Makkad
(Expert) 13 January 2012
I concur with the views of sethi on this subject.
Querist :
Anonymous
(Querist) 13 January 2012
the notice was sent thru local lawyer only... now what is next solution.
V R SHROFF
(Expert) 13 January 2012
Notice send to Last Known True and correct address, by RPAD, even if returns with such remarks, are validly served NOTICE, as per Gen Cl [Sec27??]
So it is enough for u to file N I 138 Case
M/s. Y-not legal services
(Expert) 14 January 2012
you just issued notice to accused address.,
thats enough to proceed further., no need to be served. for limitation you can file your complaint., after that you can take alternative services.,
-tom-
Deepak Nair
(Expert) 14 January 2012
You can file the case under sec.138.
Better to file the case without any dealy. Once the proceeding is initiated, you can trace the current address of the accused and serve the summons to the new address.
Take action to get results.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
