Gujarat High Court
Shree Maruti Courier Services Pvt. Ltd vs M/S Malabar Associates Through ... on 13 September, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/ARBI.P/81/2022 ORDER DATED: 13/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 81 of 2022
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SHREE MARUTI COURIER SERVICES PVT. LTD.
Versus
M/S MALABAR ASSOCIATES THROUGH PROPRIETOR ANEES B.
ULLI KIZHAKKE PURAYIL ABDULLA
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Appearance:
N R MEHTA(7794) for the Petitioner(s) No. 1
SERVED BY RPAD (N) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
Date : 13/09/2024
ORAL ORDER
[1] By means of the order dated 08.12.2023, this Court has issued fresh notices to the respondent on both the addresses given in the petition through RPAD returnable on 19.01.2023. As per the Office Report, the notice has been served upon the respondent at the address No.2 and acknowledgment has been received, whereas on address No.1, it remained unserved and the notice returned back with the remark 'not known'.
[2] Taking note of the above, it is recorded that service of notice upon the respondent is sufficient. No one has put an appearance on behalf of the respondent for a considerable period of time.
[3] Noticing that there is an Arbitration Clause '18' and pursuant thereto, a notice dated 21.09.2020 has been served upon the respondents, it is pertinent to note that this arbitration petition Page 1 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Sep 18 2024 Downloaded on : Wed Sep 18 21:02:55 IST 2024 NEUTRAL CITATION C/ARBI.P/81/2022 ORDER DATED: 13/09/2024 undefined is pending since the year 2022 and the respondents have not turned up inspite of notices issued from time to time. By order dated 05.08.2022, the notice which was sent to the respondent remained unserved at the address given with the remark 'not known' . The petitioner then took steps for publishing the notice in the newspaper circulated in Malayalam namely Malayala Manorama Newspaper, in view of the fact that the respondent is located in the Kannur, Kerala.
[4] Noticing the said request that substituted service was made after the period of around six months of the adjournment of the matter at the instance of the petiitoner, by order dated 08.12.2023, we have issued fresh notices to the respondents at both the addresses provided in the petition through RPAD.
[5] As noted hereinbefore, the Office Report indicates that the notice upon the respondent is served and acknowledgment is received.
[6] As the respondents are not coming forward, this Court has no option but to allow the arbitration application.
[7] In view of the above, the arbitration petition is hereby allowed. Hence, I pass the following ORDER i. Petition is allowed.
ii. Shri. C. K. Sukhwani having address at "Renu Villa"
Bungalow No.134, Sunrise Park, Opp. Sbi Drive In Road, B/H. Asia School, Opp. Himalaya Mall, Drive In Page 2 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Sep 18 2024 Downloaded on : Wed Sep 18 21:02:55 IST 2024 NEUTRAL CITATION C/ARBI.P/81/2022 ORDER DATED: 13/09/2024 undefined Area, Ahmedabad-380054 having contact number 9925012535 is hereby appointed as the 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 also be governed by said Rules.
iii. Registry to communicate this order to the sole Arbitrator forthwith by Speed Post.
iv. Pending application/s, if any, stands consigned to records.
(SUNITA AGARWAL, CJ ) SAHIL S. RANGER Page 3 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Sep 18 2024 Downloaded on : Wed Sep 18 21:02:55 IST 2024