be served as the door was locked. Intimation was served. The respondent
no. 2 has been served. On the earlier occasion as well, the respondent no.
1 was not served. The postal authorities found on two separate occasions
that the door was locked. Intimation was served, but the postal article
remained unclaimed. The respondent no. 2 was served. The affidavit of
service filed with the affidavit of motion also indicates that the respondent
no. 1 did not claim the postal article, although intimation was served. The
respondent no. 2 received the service of the application.
2. Under such circumstances, the matter can be taken up exparte as the
respondent no. 2 does not appear despite notice. The service upon the
respondent no. 1 is deemed to be effected in view of section 3 (1)(b) of the
Arbitration and Conciliation Act, 1996 read with section 27 of the General
Clauses Act and the presumption under section 114 of the erstwhile
Indian Evidence Act.
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