Ald Automotive Private Limited (Ald) v. Manjunatha H. B.

22-CARAP-176-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 176 OF 2024 Ald Automotive Private Limited ...Applicant

Versus

Manjunatha H. B.

...Respondent

***** Mr. Saurabh Shrivastava i/b Shreyas Shrivastava, for the Applicant. ***** CORAM :

ADVAIT M. SETHNA, J.

PALLAVI MAHENDRA WARGAONKAR DATE :

14th DECEMBER 2024 PALLAVI MAHENDRA WARGAONKAR Date: 2024.12.17 18:32:18 +0530 P. C. :- 1.

The learned Advocate for the Applicant refers to an order of this Court dated 4 March 2024 whereby the Court had directed substituted service to the Respondent by publishing a notice widely circulated newspapers in the area of the Respondent where the Respondent had last resided. A notice was to be so published indicating the next date of hearing. 2.

The learned Advocate for the Applicant has placed on record an affidavit of service in support of such substituted service dated 4 April 2024 which according to him is in due compliance of earlier order dated 4 March 2024 of this Court. He submits that despite all attempts including the substituted service to serve the Respondent they have chosen not to appear and or contest in the present proceedings.

Pallavi Wargaonkar, PS 1/2

22-CARAP-176-2024 (OS).doc 3.

As a matter of last chance, let the learned Advocate for the Applicant inform the Respondent about the next date of hearing, as service to Respondents seems to be complete.

4.

An endeavour shall be made to proceed with the said application on the adjourned date of hearing. It is made clear that if the Respondent fails to appear on such adjourned date of hearing, the matter can be proceeded with on the basis of the record and in accordance with law.

5.

List the proceedings on 6 January 2025.

[ADVAIT M. SETHNA, J.] Pallavi Wargaonkar, PS 2/2