Gujarat High Court
Shree Maruti Courier Services Pvt. Ltd vs M/S. S. S. Enterprises Through Its ... on 3 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/ARBI.P/82/2022 ORDER DATED: 03/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 82 of 2022
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SHREE MARUTI COURIER SERVICES PVT. LTD.
Versus
M/S. S. S. ENTERPRISES THROUGH ITS PROPRIETOR ASHISH
SURINDERLAL SRIVASTAV
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Appearance:
N R MEHTA(7794) for the Petitioner(s) No. 1
MR. AWINASHKUMAR for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
Date : 03/01/2025
ORAL ORDER
Learned advocate Mr. Awanishkumar has put in appearance for the respondent.
2. Heard the learned advocates for the respective parties and perused the office report.
3. The Notice sent to the respondent through the RPAD has been returned unserved with the remark "address not found".
4. Th present petition is pending since the year 2022. The notice sent to the respondent as per order dated 05.08.2022 had remained unserved. On an application filed by the petitioner for substituted service, vide order dated 28.07.2023, the petitioner was permitted to serve the respondent by publication in two daily newspapers.
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5. An affidavit of service bringing on record the compliance of order dated 28.07.2023, has been filed which reflects that the service was effected by publication in two daily newspapers of District Ludhiana, State of Punjab.
6. However, when the matter was taken up on 13.09.2024 noticing that the steps for substituted service had been taken after period of one year from the date of sending of the first notice, fresh notice has been issued to be served through the registered post. The office report indicates that the said notice remained unserved with the remark "address not found".
7. The submission in the affidavit of the petitioner is that the two addresses given in the petition are the last known address of the respondent and paper publication was made in the local newspaper of District Ludhiana as both the addresses given in the petition are of District Ludhiana, State of Punjab.
7. From the above, it is evident that the respondent is avoiding service of notice. I have no option, but to allow the present petition by passing the following order :
O R D E R
(i) The petition is ALLOWED.
(ii) Shri C.K.Sukhwani, Ld. Advocate, High Court of Gujarat, having address at "Renu Villa", Page 2 of 3 Uploaded by C.M. JOSHI(HC01073) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:24:03 IST 2025 NEUTRAL CITATION C/ARBI.P/82/2022 ORDER DATED: 03/01/2025 undefined Bungalow No. 134, Sunrise Park, Opp. SBI Drive In Road, B/h. Asia School, Opp. Himalaya Mall, Drive In Area, Ahmedabad-380054 having contact number (M) 9925012535 is hereby appointed as sole Arbitrator to resolve the disputes between the parties in accordance with the Arbitration Centre (Domestic and International), High Court of Gujarat Rules, 2021. Both parties would be governed by said Rules.
(iii) Registry is directed to communicate this order to the sole arbitrator forthwith by speed post. No order as to costs.
(iv) Consequently, all pending connected application/s, if any, stands disposed of.
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