in case of a UPC, presumption of service no longer holds good with various decisions of the Apex Cour

in case of a UPC, presumption is that the letter was posted and reached the destination unless contrary is proved, no longer holds good with various decisions of the Apex Court that the said presumption is rebuttable. Taking into consideration, the observation of the Apex Court in [1994] 1 SCC (supra), that the certificate of posting being easily obtainable, cannot be relied on, in view of the facts of this case, we decline to draw the presumption, on the basis of the certificate of posting and the affidavits of the employees of the sixth respondents, that the letter of 16-3-2000 was posted by the sixth respondent.

Equivalent citations: 2001 107 CompCas 535 CLB

Bombay Dyeing & Mfg. Co. Ltd. vs Arun Kumar Bajoria on 4/7/2001

a party who fails in the proceedings cannot benefit from the interim order issued during the pending of such proceedings

"a party who fails in the proceedings cannot benefit from the interim order issued during the pending of such proceedings"



IN THE SUPREME COURT OF INDIA: CIVIL APPELLATE JURISDICITION
CIVIL APPEAL NO.1607 OF 2004
M/s Nava Bharat Ferro Alloys Ltd.  Versus Transmission Corporation of A.P.
Ltd. and Anr
 (With CA Nos.1608-1609 of 2004 and CA No.4741 of 2006)

Para 24

It is manifest from the above that both on the question of restitution of the benefit drawn by a party during legal proceedings that eventually fail as also on the general principle that a party who fails in the main proceedings cannot benefit from the interim order issued during the pendency of such proceedings, this Court found against the consumers and upheld the demand for payment of additional charges recoverable on account of the delay in the payment of the outstanding dues. Far from lending any assistance to the appellant-company the decision squarely goes against it and has been correctly appreciated and applied by the High Court.