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2000 Supreme(SC) 186
SUPREME COURT OF INDIA
S.B.Majmudar
National Aluminium Company Limited
Versus
Lyong Heung Trading Company Limited
Case No. : 18 , 19 , 22 of 1998
Date of Decision : 1/25/00
Advocates Appeared: Mukhopadhya C. : Sharma Rakesh Kr
Substituted service via newspaper publication is permissible when regular service and attempts through diplomatic channels fail to effect service on the respondents.
Headnote:(A) Arbitration Petitions - Substituted Service - Where various attempts to serve respondents through regular process and through High Commissions in foreign jurisdictions have failed, the court may permit substituted service by issuing public notices in newspapers having circulation in the relevant foreign jurisdictions.
Facts of the case:
The petitioner sought permission for substituted service after multiple attempts to serve the respondents through regular processes and diplomatic channels failed.
Findings of Court:
The court concluded that since all steps to effect service had failed, there was no alternative but to allow substituted service.
Issues: Whether the petitioner is entitled to serve the respondents by substituted service.
Ratio Decidendi: Substituted service is granted when the court is satisfied that regular service and other reasonable efforts to notify the respondents have been exhausted and have failed.
Result: IAs allowed.
Legal Category Hierarchy
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practice and procedure
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service of process
- substituted service
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service of process
(1) IAS for substituted service are taken on record. In view of what is stated therein and in view of the fact that various attempts were made by the petitioner earlier to get the respondents served by following regular process and as all steps have failed and even efforts made to serve the respondents through High Commissions at London and Hong Kong have failed, there is no escape from the conclusion that the respondents are now required to be served by substituted service. The petitioner is therefore, permitted to serve the respondents by issuing public notice once in a newspaper having circulation in London so far as IAs in Arbitration Petitions Nos. 19 and 22 of 1999 are concerned while in IA in Arbitration Petition No. 18, publication of the notice is directed to be effected once in a newspaper having circulation in Macao and once in a newspaper having circulation in Hong Kong. The requisite affidavits having carried out this direction will be filed by the petitioner with copies of the relevant newspaper notices. For that purpose, adjourned to 30/3/2000. Notices to be published shall mention the returnable date i.e. 30/3/2000 at 1.30 p.m. in chambers. IAs are allowed accordingly.
