Bharat Petroleum Corporation Limited v. Vinergy International Private Limited And ANR.

Suresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION (IN ITS COMMERCIAL DIVISION) COMMERCIAL ARBITRATION APPLICATION NO.38 OF Bharat Petroleum Corporation Limited ...Applicant

Versus

Vinergy International Private Limited & Anr.

...Respondents

Mr. Roopdaksha Basu, a/w Mr. Ahmed Padela, i/b The Law, for the Applicant.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

By way of an Interim Application, the Applicant seeks liberty to serve the notice of hearing upon the Respondent Nos.1 and 2 by substituted mode of service.

2.

Although the remark of the Registry indicates that service is awaited, Mr. Basu, learned counsel appearing for the Applicant states that the private service of the notice on the Respondents on two of the occasions has been returned with the remarks 'addressee left without instructions'.

3.

Thus, on two occasions, he has been unable to serve the Respondents for the reasons that the Respondent had left the address on which the service was effected. 4.

Once again on 14th March 2024, the notice issued by this court through the Registry was also returned with the remark 'No addressee found'. He thus states, that the service of the Respondent Nos.1 and 2 has not been completed and it is necessary to serve the Respondents by substituted mode of service.

5.

Considering the aforesaid, the notice of the Petition be served as the Respondent Nos.1 & 2 by substituted mode of service i.e. by publishing the copy of the court order issuing notice to the Respondents in two newspapers, one in English Daily Newspaper i.e. "Free Press Journal" and another in the Marathi Daily Newspaper i.e. "Navshakti".

6.

Notice is also to be served by affixing a copy of this order on a conspicuous part of the last known address of the

Respondents which is given in the array of the cause title of the Petition.

7.

Stand over to 18th March 2025.

8.

In view of the above, Interim Application is allowed and disposed off.

(Dr. Neela Gokhale, J)