KAMAL MOTOR CO Vs. SHYAM CHOUDHARY

JUDGEMENT

(1.) Heard.

(2.) This appeal is barred by limitation by 1407 days (3 years and 312 days ). The explanation offered for this inordinate delay is that the service of notice alleged to have been sent by the Forum to the appellant through regd. post, was never effected upon the appellant. The appellant came to know of the impugned order on 23.10.2000 and thereafter approached the Forum to get the ex parte order set aside. Since the ex parte order was not set aside by the Forum, the present appeal was filed. In support of such contention the affidavit of Sudhanidhi Kasliwal, partner of the appellant firm, was filed.

(3.) The impugned order was made by the Forum on 25.9.1998. The Forum has particularly mentioned in the said order that the notices of the complaint were sent to the appellant through regd. post A. D. and the service of notices was presumed upon the appellant. Service of letter through registered post, carries with it the presumption of service upon such person. The presumption created is rebuttable if convincing evidence is produced by the person concerned. In the present case the appellant himself says that he had come to know of the impugned order on 23.10.2000. On query from the Bench it was stated that the notices by the same Forum were sent in the course of proceedings under Sections 25/27 of the C. P. Act, 1986 and such notices, which were admittedly served upon the appellant, had been sent on the same address at which the earlier notice had been sent by the same Forum to the appellant by registered post. In view of such facts the Forum was justified in raising presumption of service of notice of the complaint upon the appellant.