Ms. Shabnam Mahajan, counsel along with Mr. Shvetanshu Goel, counsel for the appellant.
Mr. Rohit Goswami, counsel for Mr. Sachin Ohri, counsel for respondent No.2.
As per the report of registry, notice issued to the respondent No.1 not received back in any form either served or unserved.
This appeal was filed on 22.12.2021 and notice of this appeal was issued to respondents on 10.01.2022. Thereafter, Mr. Sachin Ohri, Advocate has appeared on behalf of respondent No.2 as it is apparent from order dated 06.09.2023. However, there is no representation on behalf of respondent No.1 so far as in this appeal. Consistent report of office is, “notice not received back”. Faced with this situation MA. No.161 of 2024 has been filed in the registry on 09.04.2024 by learned counsel for applicant-appellant thereby seeking direction to proceed the case ex-parte against respondent No.1. Learned counsel for appellant has contended that Annexure-A2 is postal receipt vide which respondent No.1 was served through registered post. Annexure-A-3 is the track consignment, vide which said item was delivered on 10.08.2023.
In wake of above facts, this Commission is of view that no further attempt to serve notice upon respondent No.1 needs to be made. Accordingly, M.A. No.161 of 2024 stands allowed and respondent No.1 is hereby proceeded against ex-parte.
Now, the case stands adjourned to 13.12.2024