Mayuri Fincap Private Limited vs Metfarb Projects Private Limited

IN THE MATTER OF: Mayuri Fincap Pvt. Ltd. ...Appellant(s)

Versus

Metfarb Projects Pvt. Ltd. ...Respondent(s)

Present: For Appellant(s) : Mr. Atul Sharma, Mr. Pankaj Jain and Ms. Aditi Sharma, Advocates.

For Respondent(s) : None.

ORDER

(Hybrid Mode)

26.05.2026 This Appeal has been filed against the order dated

23.09.2025 passed by the Adjudicating Authority, which order reads as

follows:

"Proxy counsel for the applicant appeared and submitted that she has already complied with the earlier order and served notice through E mail and RPAD. But notice served through RPAD had returned back.

She is directed to serve notice again properly along with copy of the petition after verifying the correct address of respondent by collecting notice through registry and file service affidavit. List for further consideration on 28.10.2025."

2. Ld. Counsel for the Appellant submitted that the Adjudicating

Authority, on several earlier occasions, has issued orders for serving the

Respondent, and the Appellant has taken steps to serve the notice through

post as well as through E-mail. The Email sent did not bounce; the affidavit

of service was also filed by the Appellant.

3. We have heard Ld. Counsel for the Appellant and perused the record.

4. In the facts of the present case, no notice needs to be issued to the

Respondent in view of the order which we are proposing to pass in this

Appeal. We have perused the record and note that several orders have been

passed by the Adjudicating Authority for service, which is not yet complete.

In the present case, steps for service have been taken through the E-mail as

well as through post. The Appellant ought to have been given an opportunity

to effect service by substituted service through publication in two

newspapers. In the facts of the present case, we permit the Appellant to effect

service by publication in two newspapers, one in English and one in

Vernacular language, and to file an affidavit of service annexing the

publications before the Adjudicating Authority within a period of four weeks

from todays. The Adjudicating Authority, after considering the affidavit of

service and publication made by the Appellant, may proceed further in

accordance with law.

5. The Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Abhishek/Manu

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