SUPREME COURT OF INDIA
VENKATESWARLU VURIMI – Appellant
Versus
LAUNDRY SPOT PRIVATE LIMITED – Respondent
ARBIT.CASE(C) No.-000019 / 2020
04-03-2021
ABID ALI BEERAN P
ITEM NO.9 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE
SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
BEFORE THE REGISTRAR SH. RAJESH KUMAR GOEL
Petition(s) for Arbitration (Civil) No(s). 19/2020
VENKATESWARLU VURIMI Petitioner(s)
VERSUS
LAUNDRY SPOT PRIVATE LIMITED & ANR. Respondent(s)
IA No. 71192/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 71271/2020 - INTERVENTION/IMPLEADMENT)
Date : 04-03-2021 These matters were called on for hearing today.
For Petitioner(s)
Mr. Abid Ali Beeran P, AOR
For Respondent(s)
UPON hearing the counsel through Video Conference, the
Court made the following
O R D E R
Service is complete on respondent no.2 but none has entered
appearance.
As per office report, service is not complete on respondent
no.1 in view of the postal remarks ' returned unclaimed '.
Ld. counsel for the petitioner submits that respondent no.2
is the Director of respondent no.1-Company but the process
issued to respondent no.1 has been received back with the postal
remarks "returned unclaimed". He further submits that all the
addresses available with the petitioner as provided by the
Ministry of Corporate Affairs have already been furnished and no
Digitally signed by
RASHI GUPTA
Date: 2021.03.09
16:49:55 IST
Reason:
Signature Not Verified
-2-
Item No.9
other address is available with the petitioner. He further
submits that even the e-mail of respondent no.1 has been
provided but despite the fact that respondent no.2 has been
served, the process is not being accepted on behalf of
respondent no.1. Ld. counsel for the petitioner further
submitted that respondent no.2, being the Director has already
been served, therefore, for all purposes respondent no.1 may be
deemed to be served.
The submission made by the ld. counsel for the petitioner
cannot be accepted for the reason that respondent no.1 has a
separate legal entity. Even if respondent no.2 is the Director
of respondent no.1, it would not make any difference. Petitioner
is required to serve respondent no.1. If respondent no.1 is
avoiding the service or no other address is available with the
petitioner, then the petitioner has option to move an
appropriate application for substituted service on respondent
no.1. Let fresh process be issued to respondent no.1 as per
rules.
List again on 15.4.2021.
RAJESH KUMAR GOEL
Registrar