SHILPRAJ DEVELOPERS PVT LTD Vs. V S GOPALACHAR

JUDGEMENT

(1.) This petition raises various different challenges in relation to two different proceedings relatable to two different periods. However, after hearing the learned Senior Advocate appearing on behalf of the petitioner on 25/4/2005 the controversy was restricted to the Order-in-Original dated 28/9/2001 bearing No.SRT/ADJ/22/OA/2001-2002, more particularly coercive recovery proceedings as a consequence of the said order. It is the case of the petitioner that the aforesaid order had not been served on the petitioner at any point of time before initiating action of detention/attachment of goods. Upon issuance of notice the respondents have put in appearance and the pleadings are complete. Considering the fact that the controversy involves limited issue, the petition is taken up for final hearing and disposal today. Rule returnable today. Mr.Jitendra Malkan waives service on behalf of the respondents.

(2.) Responding to the petitioner's averment about non service of the Order-in-Original dated 28.9.2001, it is stated in the Affidavit-in-Reply that the said order had been sent by Registered Post on 8/3/2003 for which counter receipt from the Postal Authority is available with the respondents and xerox copy has been attached with the Affidavit-in-Reply. Relying on Section 27 of the General Clauses Act,1897, it is submitted that the petitioner has been served through post.

(3.) Section 27 of the General Clauses Act states that where any Central Act or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression "serve" or either of the expression "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. To put it differently , the Section stipulates that under any Central legislation if the requirement to serve a document by post is stipulated, once the document is addressed and the communication paid for and delivered with the post office after registration, it shall be sufficient compliance of the provision and a presumption will arise that the said document is served within the ordinary time it would take for such postal article to be served.