18 Oct 2023 2:00 PM GMT
The Supreme Court recently held that when notice is returned as ‘unclaimed’, it shall be deemed to be served on the addressee and considered proper service. The Apex Court also clarified that the word ‘refusal’ can be interpreted as synonymous to the word ‘unclaimed’.
In matter at hand, notice issued to the respondent had returned with the remarks ‘unclaimed’. The Registry in its office report had mentioned that when the notice is returned as ‘refusal’, it constitutes complete/proper service, but when it is returned as ‘unclaimed’, is considered incomplete service.
The Court relied on the decisions in K.Bhaskaran Vs. Sankaran Vaidhyan Balan and Another, (1999) 7 SCC 510 and Ajeet Seeds Limited Vs. K. Gopala Krishnaiah (2014)12 SCC 685 (2014) to observe that when notice is returned as ‘unclaimed’, it must be deemed to be proper service on the addressee.
“…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”, the Court held.
Adv. Kapil Chandna, Adv. Manish Kumar, Adv. Mukesh Kumar, Adv. Shashank Gusain, Adv. Akash, AOR Vishwa Pal Singh appeared for the Petitioner.
Case Title: Priyanka Kumari V. Shailendra Kumar
Citation: 2023 LiveLaw (SC) 904