Dalian Huarui Heavy Industry International Co. Ltd. v. West Quay Multiport Pvt. Ltd. And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] CHAMBER ORDER NO.194 OF 2021 IN COMMERCIAL ARBITRATION PETITION NO.684 OF 2019 Dalian Huarui Heavy Industry International Co. Ltd.

.. Applicant-Petitioner Vs.

West Quay Multiport Pvt. Ltd. and Ors.

.. Respondents Mr. Kunal Kanungo, i/by Adv. Zindati Shah, for the Applicant-Petitioner. Ms. Shanaya Cyrus Irani, i/by J. Sagar Associates, for Respondent No.1. Mr. Prashant A. Shinde, i/by Anant B. Shinde and Co., for Respondent No.2. CORAM : A. K. MENON, J.

TH OCTOBER, 2021.

DATE : 7 P.C. :

1.

This is a Chamber Order seeking discharge of the Advocates on record for respondent no.1. The learned counsel for respondent no.1 states that the respondent no.1-company has not responded, no instructions have been received despite repeated requests. She states that the packet containing notice dated 1 st September 2021 has been returned. Thus, according to her, it has not been possible to serve even the Chamber Order upon the 1 st respondent. She has however sent an e-mail on the same day on the e-mail address provided by the 1 st respondent in their records to the Registrar of Companies and as reflected in the website of the Ministry of Corporate Affairs. She, therefore, submits that discharge may be granted. 1/2 24-CHOL-194-2021.doc Dixit

2.

In view of the fact that attempts at serving the 1 st respondent appear to have failed and considering the fact that e-mail has been delivered and none appears for the 1 st respondent, I pass the following order :- (i) Advocates for respondent no.1 are discharged. (ii) The Prothonotary and Senior Master is directed to notify the respondent no.1 of the same by addressing an e-mail at the e-mail address provided in the Company/LLP Master Data, copy of which has been tendered in court today and which is marked as "X" for identification. The e-mail shall specify that the Advocates engaged by them have been discharged effective today and that the matter will now come up in the regular course and respondent no.1 may make its own arrangements for representation before the next date.

(iii) Vakalatnama on behalf of respondent no.1, if any, shall be filed within two weeks from the date of communication of this order.

(iv) Chamber Order is disposed in the above terms. (A.K. MENON, J.) 2/2 SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date:

2021.10.07 17:52:53 +0530 24-CHOL-194-2021.doc Dixit