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2026 Supreme(Online)(Gau) 23950

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Chinmoy Baruah, Joint Registrar (Judicial)
Biren Chandra Baishya – Appellant
Versus
State of Assam – Respondent
WP(C)/1537/2024



Important Points

The order addresses the procedural step of referring a matter to the Court when a respondent cannot be served because they have allegedly ceased to exist.

Subject

Civil - Procedural

Headnote

(A) Procedural Law - Service of Notice - Return of notice as unserved - Where a notice is returned unserved and the petitioner submits that the respondent has ceased to exist, the matter is referred to the Court for necessary orders. (Para 8)

Issues: Whether the matter should be placed before the Court for orders regarding a respondent who has allegedly ceased to exist.

Legal Category Hierarchy

  • practice and procedure
    • service of process
    • civil procedure and petitions

Advocates:
For the Appellants/Petitioners: K M Haloi
For the Respondents: GA, Assam

ORDER

Date : 16.10.2026

Case taken up before the Lawazima Court.

Learned counsel Mr. K.M. Haloi appears on behalf of the petitioners.

Heard.

Perused the records.

A perusal of the case record reveals that notice was issued to the respondent No. 2 by way of registered post with A/D mode on 27.03.2024.

However, it appears that the aforesaid notice has been received un-served by the Registry bearing an illegible postal remark. As such, exact reason of such return could not be discerned by this Lawazima Court.

Now, regarding the aforementioned respondent No. 2, Mr. K.M. Haloi, learned counsel for the petitioners, submitted that respondent No. 2 (i.e., “The Management of Assam State Textile Corporation Ltd.”) has ceased to exist. He therefore prayed for the matter to be placed before the Hon’ble Court for necessary orders.

In light of the prayer made above, the matter is laid before the Hon’ble Court for obtaining necessary orders regarding the respondent No. 2.

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