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02.04.2024 This is an application under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 seeking setting aside an award dated 26.05.2002 passed by the learned Arbitrator - Justice G.L.Raina (Retd.) This application is pending in this Court since the year 2005 and has been adjourned on many occasions on the request of the petitioner.

The impugned award is challenged primarily on the ground that the learned Arbitrator without serving upon the petitioner any notice conducted ex- parte proceedings resulting into an ex-parte award against it. The petitioner has narrated some circumstances in which the then company-Modiluft Limited changed its name to Spicejet Limited with the approval of the Registrar of Companies. It is submitted that fresh certificate of incorporation was issued on 28.04.2005 by the Registrar of Companies, Delhi. It is submitted that there was change in address of the registered office of the petitioner company and, therefore, notices issued by the Arbitrator at its earlier address were never received. These are the averments made in the petitioner, which would require proof to substantiate them.