SAHARA DEPOSIT AND INVESTMENTS I LIMITED Vs. MAJIDAN

JUDGEMENT

(1.) This Court had ordered service of respondent by affixation. The affixation was done at the last known address of the respondent. The Process Server has deposed on the summons that there was no witness available hence affixation could not be evidenced by any witness. This Court, accordingly, did not treat it to be a proper service on the respondent as it was not evidenced by any witness as required under the Rules.

(2.) Counsel for the O.L. Mr. B.N. Nayyar contended that it was aproper service and the objection raised by this Court is not sustainable. 'According to him the Original Side rules of this High Court are not applicable to the proceedings pending before the Company Court. '

(3.) The Company Court has to follow the Companies (Court) Rules 1959, (hereinafter called the Company Rules) or at best the provisions of Code of Civil Procedure, but by no 399 strech Of imagination the provisions of Original Side Rules of the High Court can be atttacted to the proceedings before the Company Court.