Service of notice is deemed complete upon postal confirmation of delivery, complying with procedural norms.

Headnote:(A) Code of Civil Procedure, 1908 - Order 5, Rule 19 - Notice issuance and service - The court addressed the issue of service of notice to the respondent, confirming that the notice was delivered on 06.12.2023, thus completing the service requirement as per procedural norms. (Paras 1, 2)

Facts of the case:
The petitioner, represented by an advocate, sought redress but failed to appear in court. The office note indicated that notice was issued to the respondent but not confirmed until postal tracking verified delivery.

Findings of Court:
The court found that service of notice on the respondent was completed as per the postal tracking report.

Issues: The main issue addressed was whether the notice served to the respondent was valid and completed as per legal requirements.

Ratio Decidendi: The court held that once the postal tracking confirmed delivery, the service of notice was deemed complete, complying with the procedural requirements of the Code of Civil Procedure.

Result: The matter is to be placed before the Hon’ble Court.

ORDER

GAHC010256612023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6677/2023 IFFCO TOKIO GENERAL INSURANCE COMPANY LTD HAVING ITS CORPORATE OFFICE AT IFFCO TOWER PLOT NO. 3, SECTOR- 29 GURUGRAM HARYANA-122001 AND HAVING ITS BRANCH OFFICE AT ADITYA TOWER, 1B, 1ST FLOOR, G.S. ROAD, P.O. DISPUR, DIST. KAMRUP(M), ASSAM, PIN- 781005.

FOR THE STATES OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, MIZORAM,TRIPURA, ARUNACHAL PRADESH, JEEVAN NIVESH,5TH FLOOR, NEAR PANBAZAR OVERBRIDGE, S.S. ROAD, GUWAHATI-781001, KAMRUP, ASSAM 2:SMT. PRIYANKA PRITY BARUAH VILL.- 2ND BARAPAYAK NELLIE P.S. JAGIROAD DIST. MORIGAON ASSAM PIN- 782412 Advocate for the Petitioner : MR. R GOSWAMI Advocate for the Respondent : MR. S N TAMULI BEFORE DEPUTY REGISTRAR (BENCH) - MR. SAPTARSHI DAS ORDER Date : 25.06.2024 Case taken up before the Lawazima Court.

None appears on behalf of the petitioner.

Perused the records.

On a perusal of the office note dated 20.06.2024 reveals that notice was issued to the respondent No. 1by registered post with A/D on 01.12.2023. But till date, it appears that neither A/D card nor un-served notice has been received by the concerned section.

However, on a perusal of the postal track consignment report available with the case record reveals that the notice in respect of the respondent No. 1 has been delivered to the addressees on 06.12.2023. As such, it may be said that service in respect of the respondent No. 1 has been completed. In view of the above, the matter may be placed before the Hon’ble Court.

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2024 Supreme(Online)(GAU) 829

HIGH COURT OF GAUHATIMR. SAPTARSHI DAS, JIFFCO TOKIO GENERAL INSURANCE COMPANY LTD – AppellantVersusTHE INSURANCE OMBUDSMAN AND ANR. – RespondentWP(C) / 6677 / 2023

Service of notice is deemed complete upon postal confirmation of delivery, complying with procedural norms.

HIGH COURT OF GAUHATI
MR. SAPTARSHI DAS, J
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD – Appellant
Versus
THE INSURANCE OMBUDSMAN AND ANR. – Respondent
WP(C) / 6677 / 2023