[Debt Recovery] Service Of Summons Mandatory, Not Dispensed With Party Entering Appearance By Filing Vakalatnama

Case: Sunil Gupta and Ors. v. Asset Reconstruction Company (India) Ltd. and Ors.

Coram: Justices K. R. Shriram and A. S. Doctor

Case No.: Writ Petition No. 4885 of 2022

Court Observation: “Service of summons is a mandatory procedural requirement and is not dispensed with merely on account of the party entering appearance by filing a Vakalatnama”

“Respondent no.1/IOB has not produced any evidence/document to establish that summons was in fact created and served on petitioners in accordance with the aforesaid Act, DRT Rules and the aforesaid DRT Regulations or that any of the steps set out hereinabove were complied with”

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Keywords

Service Of Summons Mandatory, Debt Recovery