38. Service of Notices and processes.-
(1) Any notice or process to be issued by the Tribunal may be served by post 1["or by courier"] or at the e-mail address as provided in the petition or application or in the reply;
(2) The notice or process if to be served physically may be served in any one of the following modes as may be directed by the Tribunal; -
(a) by hand delivery through a process server or respective authorised representative;
(b) by registered post or speed post with acknowledgment due 1["or by courier"]; or
(c) service by the party himself.
1[Explanation.-For the purposes of sub-rules (l) and (2), the term “courier” means a person or agency which delivers the document and provides proof of its delivery.]
(3) Where a notice issued by the Tribunal is served by the party himself by hand delivery, he shall file with the Registrar or such other person duly authorised by the Registrar in this behalf, the acknowledgment together with an affidavit of service and in case of service by registered post or by speed post, file with the Registrar, or such other person duly authorised by the Registrar in this behalf, an affidavit of service of notice alongwith the proof of delivery.
(4) Notwithstanding anything contained in sub-rules (1} and (2), the Tribunal may after taking into account the number of respondents and their place of residence or work or service could not be effected in any manner and other circumstances, direct that notice of the petition or application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient.
(5) A notice or process may also be served on an authorised representative of the applicant or the respondent, as the case may be, in any proceeding or on any person authorised to accept a notice or a process, and such service on the authorised representative shall be deemed to be a proper service.
(6) Where the Tribunal directs a service under sub-rule (4), such amount of charges, as may be determined by the Tribunal from time to time, but not exceeding the actual charges incurred in effecting the service, shall be deposited with the registry of the Tribunal by the petitioner or applicant.
Amendment:
1. Inserted as per MCA Notification for The National Company Law Tribunal (Amendment) Rules, Dated 20th December, 2016.
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