R.C.Lahoti, J. - (1.) This Division Bench has been constituted by Hon'ble the Chief Justice on a reference made by J.K. Mehra, J. sitting as a Company Judge. Vide order of reference dated 4.1.95 his Lordship has found himself not persuaded to subscribe to the view taken by another learned Single Judge of this Court - Usha Mehra, J. sitting as a Company Judge in the order dated 2.9.93 passed in CA 790 / 86, Mis. Sahara Deposits v. Smt. Majidan & Ors.
(2.) In the case at hand, the proceedings have commenced on an application under Section 446(2) of the Companies Act, 1956 filed by the Official Liquidator seeking recovery of an amount of Rs. 2029.95 and interest. Summons on the respondent could not be served in ordinary manner and hence on an application made by the Official Liquidator service was directed to be effected by affixation of notice at the last known address of the respondent as well as on the notice board of the Court. It appears from the endorsement made by the process server on the summons that the respondent was not available at the given address and hence the summons was affixed on the given address. Endorsement as to affixation is not attested by any witnesses as according to the process server there was no witness available at the place of service. The Deputy Registrar has vide his order dated 9.12.94 accepted the service good in view of the order dated 2.9.93 in CA 790/86 by Usha Mehra, J.
(3.) When the matter came-up for hearing before J.K. Mehra, J., he opined that the service was not good inasmuch as it was not effected by affixation made in the presence of two witnesses. He also expressed his doubts on the view taken by Usha Mehra, J. in her order dated 2.9.93 referred to hereinabove. Hence the reference.;