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2022 Supreme(Jhk) 789

SUJIT NARAYAN PRASAD
Anju Devi – Appellant
Versus
Bipin Bihari, son of Lakhit Ram Mahto – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs. Debolina Sen Hirani, Advocate

ORDER :

The instant application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking a direction for appointment of Arbitrator for adjudication of the dispute between the parties.

2. This Court had issued upon the concerned respondents, as would appear from order dated 15.09.2022. Steps have been taken and as per the office note dated 22.11.2022, the notices said to have been served validly.

3. Learned counsel for the petitioner, in view thereof, has submitted that since even in spite of service upon the concerned respondents, there is no appearance on their behalf as no vakalatnama has been filed, therefore, the matter may be disposed of by appointing an Arbitrator.

4. This Court has heard the learned counsel for the petitioner and after perusing the order dated 15.09.2022 as also the office note dated 22.11.2022, whereby and whereunder, the office has reported through the following note which reads hereunder as :-

    “It may be recalled that earlier in compliance to the Order dated 15/09/2022, notices upon Respondent no. 01 to 04 under Ordinary Process as well as Register cover with AD were issued.

Valid Service reports of notices upon Respondent no. 01

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