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