Bajaj Electricals Limited v. Arpan Bansal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION APPLICATION NO. 14 OF 2024 Bajaj Electricals Ltd.

... Applicant vs.

Arpan Bansal ... Respondent ***** Ms. Jeel Shah a/w Sagar Kothari i/b. Legasis Partners, for the Applicant.

***** PALLAVI MAHENDRA WARGAONKAR CORAM : ADVAIT M. SETHNA, J.

PALLAVI MAHENDRA WARGAONKAR Date: 2024.11.22 17:23:21 +0530 DATE : 19th NOVEMBER 2024 P. C. :- 1.

This is an arbitration application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

2.

The learned counsel for the Applicant states that several attempts have been made to serve the Respondent with a copy of the said Petition. She refers to an affidavit of service dated 12 April 2024, 10 July 2024 and 17 August 2024 all of which have be e-filed. She also 1/3

refers to an order of this Court dated 25 October 2024 where the Respondent was given one more chance to contest the arbitration application and pursuant to such order the matter was scheduled for hearing on 18 November 2024.

3.

When the matter is called out today, none appears for the Respondent. This Court has issued notice to the Respondent dated 3 May 2024.

4.

By service report dated 27 June 2024 which is on record with the remark "Hamdast Service Report Awaited", it is clear that the service in this regard is not complete. It is true that multiple attempts have been made by the Applicant to serve the Respondent including notice issued by this Court, service report of which is awaited. Considering that the Petition is filed on 28 March 2023 and sufficient time has gone by, as the matter of last chance, the proceedings are adjourned to 17 December 2024.

5.

Registry to take appropriate steps. The report of the Registry with regard to the service of the Respondent be placed on record.

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6.

It is made clear that the Court being satisfied that the service is complete on or before the next date, the matter will be proceeded with no further adjournments in the said matter. 7.

Stand over to 17 December 2024.

[ADVAIT M. SETHNA, J.] 3/3