$~O-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1995/2024 Date of Decision: 04.03.2025 IN THE MATTER OF:

RV SOLUTIONS PVT LTD .....Petitioner Through: Mr. Ankit Miglani, Adv.

versus RANDHIR KUMAR .....Respondent Through: None.

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

JUDGEMENT

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. The instant petition has been filed under Section 11(6) (a) and (c) of the Arbitration and Conciliation Act, 1996 [hereinafter referred as “A&C Act”].

2. Heard learned counsel appearing for the petitioner.

3. The affidavit of service dated 13.01.2025 filed by the petitioner has been placed on record.

4. It is stated that in compliance with the order dated 11.12.2024, the service of the respondent has been done through speed post, courier, and e-

mail.

5. In paragraphs Nos.3 to 6, the following assertions have been made:-

Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed “3. That copy of the notice along with complete set of the petition was sent to the address of the Respondent, i.e., Shop No-107, 1st Floor, Banderbagacha, Kushalya Estate, Near Hariniwash Complex, Dackbanglo, Patna, Bihar as mentioned in the Agreement dated

29.09.2022 through speed post, details of which are as follows:-

S.no. Tracking No. Status

1 SU001571018IN Item Delivered (Addressee)

Copy of speed post receipts and tracking reports is annexed herewith as Document A.

4. That copy of the notice along with complete set of the petition was sent to the address of the Respondent as mentioned in the Agreement dated 29.09.2022, i.e., Shop No-107, 1st Floor, Banderbagacha, Kushalya Estate, Near Hariniwash Complex, Dackbanglo, Patna, Bihar through Courier (The Professional Couriers), details of which are as follows:

S.no. Tracking No. Status 1 DEL203659080 Delivered Copy of the courier receipt is annexed herewith as Document B

5. That copy of the notice along with complete set of the petition was sent to the available email addresses of the Respondent through Email on 18.12.2024. The email has been successfully delivered and has not bounced back . However, to date, no response has been received from the Respondent.

Copy of the e-mail issued to the Respondent is enclosed as Document C

6. That the Petitioner has completed the service of petition papers on the Respondent in terms of the Directions issued by this Hon’ ble Court.”

6. It is thus seen that the service of notice had been made on the address as mentioned in the agreement dated 29.09.2022. The speed post tracking report indicates that the items have been delivered to the address given. In addition, the courier service also reflects the delivery of the items to have been completed. Furthermore, notice through e-mail has also been made.

7. In view of the aforesaid, service on the respondents is found to have been completed.

8. The facts of the case would show that the petitioner appointed the respondent as an Authorized Service Centre for carrying out the repair and maintenance services for the Realme Mobile Phones [Client of the Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed petitioner].

9. On 29.09.2022, a Fresh Authorized Service Centre agreement appears to have been executed between the parties, effective from 01.10.2022.

10. The petitioner appears to have raised various invoices upon the respondent, based on the spare parts/material consumed by the respondent for carrying out the services as an Authorised Service Centre.

11. The grievance of the petitioner herein is that the invoice, as was raised since, was not cleared by the respondent. The petitioner had to issue legal notice dated 11.09.2024 seeking payment of amount of Rs.19,89,297/-. Despite the legal notice, since the amount was not paid, the petitioner then served the notice under Section 21 of the A&C Act on 29.09.2024.

12. Learned counsel appearing for the petitioner places reliance on Clause 14 of the Authorised Service Centre agreement dated 29.09.2022. The aforesai