APPLIED ELECTRO MAGNETICS PVT LTD Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS is an appeal against order dated 11.2.2002 passed by DRT-I, Delhi in O. A. No.210/97 Syndicate Bank v. Infocom Digital Systems Ltd. and Ors.

(2.) The appellant is defendant No. 10 in the said O.A. The O.A. proceeded ex parte and a final order against all the defendants was passed on 7.1.2002. The appellant moved an application before the Tribunal below for setting aside the ex parte decree against it. By the impugned order, that application of the appellant has been rejected and hence this appeal.

(3.) I have carefully considered the respective arguments advanced by learned Counsels for the parties. Though under General Clauses Act, a presumption may be made that a Regd. letter sent is deemed served if the same is not received back within thirty days from the date of despatch of the letter by the sender but that is only a presumption. But if the person to whom the letter has been sent by Regd. Post comes to the Court and denies having received the letter, it is for the Court to consider that plea