A registered notice returned with the postal endorsement "refused" or "not available" is presumed to have been duly served on the recipient.

ORDER

Case taken up before the Lawazima Court.

Learned counsel Mr. A.D. Choudhury appears on behalf of the petitioner. Heard.

Perused the records.

Perusal of the office note dated 04.05.2026 reveals that notice was issued to the respondent Nos. 2, 3 & 4 by way of speed post with A/D on 02.04.2026.

However, it appears that the aforesaid notices have been received un-served with the following postal remarks:–

Respondent No. 2:– “Refused by S/G”.

Respondent No. 3:– “Addressee left, Return to sender”.

Respondent No. 4:– “Refused”.

Now, in case of the respondent Nos. 2 & 4, reference may be made to the N. Parameswaran Unni v. G. Kannan , (2017) 5 SCC 737, wherein the Hon’ble Supreme Court held that “when a notice is sent by registered post and is returned with postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station”, due service has to be presumed.”

In view of the proposition laid down in N. Parameswaran Unni (supra), the registered notice dated 02.04.2026 may be presumed to be served on the respondent Nos. 2 & 4

Further, in respect of the respondent No. 3, i.e., “Nagaon Paper Mill, Hindustan Paper Corporation Limited, Kagajanagar, Morigaon”, it may be petitnent to mention that the said respondent No. 3 corporation no longer exists as a functional industrial unit.

Considering this, this Lawazima Court is of the view that the matter shall be laid before the Hon’ble Court for necessary orders concerning respondent No. 3.

Pursuant to the above, the matter may be placed before the Hon’ble Court.