M/S. Ride Master Rims Pvt Ltd v. The State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Tuesday, the Twenty First day of November Two Thousand Seventeen PRESENT THE HON`BLE MR.JUSTICE S.MANIKUMAR AND THE HON`BLE MR.JUSTICE R.SURESH KUMAR WMP No.27149 of 2017 IN WP.18036/2017 M/S.RIDE MASTER RIMS PVT LTD [ PETITIONER ] REP.BY ITS DIRECTOR MRS.R.SIVASAKTHI, NO.27, AVADI POONAMALLEE ROAD, PARUTHIPET, CHENNAI 600 071 Vs 1 THE STATE BANK OF INDIA [ RESPONDENTS ] (FORMELY STATE BANK OF TRAVANCORE) REP.BY ITS AUTHORISED OFFICER, ASSET RECOVERY MANAGEMENT BRANCH, NO.4/1, ELDAMS ROAD, ALWARPET, CHENNAI-600 018 2 B & C MACHINERY LTD, REP,BY ITS PRESIDENT & CEO OF MACHINERY DIVISION, NO.
208, ARAKONAM ROAD, SENGADU VILLAGE, SRIPERUMBUDUR TK, KANCHEEPURAM DIST, TAMIL NADU 602 002 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Order Substituted Service on the Second Respondent, by publication, in a Tamil Local Daily [ WP.No.18036 of 2017 ] Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.N.RAJAN, FOR M/S.R.
(Order of the Court was made by S.Manikumar,J) According to the petitioner, notice ordered, on 31/8/2017, could not be served, either through Court or privately. Notice sent has been returned with an endorsement "left without instruction", "returned to the sender". In the above said circumstances, contending that the petitioner is not in a position to find out the whereabouts of second respondent, and left with no other option, except to approach this Court, by way of filing Miscellaneous Petition No.27149 of 2017, seeking permission to effect substituted service on the second respondent, in Tamil and English newspapers, widely circulated in Kancheepuram District, suitable orders have sought for.
3. We have gone through the averments filed in support of W.M.P.No.27149 of 2017, and the postal endorsement and satisfied with the reasons assigned in the supporting affidavit.
4. Respondent No.2 should be made known of the proceedings before us. Hence the petitioner is permitted to effect substituted service by way of paper publication in "The Hindu" (vernacular) and "Deccan Chronicle" (English), setting out the details of the prayer sought for in W.P.No.18036 of 2017 and specifically mentioning the date of next hearing as 7/12/2017. Publication shall be effected well in advance.
-sd/- 21/11/2017 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE AUTHORISED OFFICER, STATE BANK OF INDIA (FORMELY STATE BANK OF TRAVANCORE) ASSET RECOVERY MANAGEMENT BRANCH, NO.4/1, ELDAMS ROAD, ALWARPET, CHENNAI 18
2 PRESIDENT & CEO OF MACHINERY DIVISION, B & C MACHINERY LTD, NO.208, ARAKONAM ROAD, SENGADU VILLAGE, SRIPERUMBUDUR TK, KANCHEEPURAM DIST, TAMIL NADU 602 002 3 M/S.HINDU, [VERNACULAR ] NO.859/860, KASTURI BUILDINGS, GROUND FLOOR ANNA SALAI, CHENNAI-600 002.
4 M/S. DECCAN CHRONICLE [ENGLISH] SP3, DEVELOPED PLOT, INDUSTRIAL ESTATE, GUINDY, CHENNAI-600 002.
C.C. to M/S.R.ANNAMALAI Advocate SR.NO.14729 Order in WMP.27149/2017 in WP.18036/2017 Date :21/11/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR 23/11/2017 [IT]