SECTION XVI-A

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION No. 16 OF 2021

Process Id: 502/2022

OFFICE REPORT FOR DIRECTION

The matter above-mentioned was listed before the Hon'ble Court on 28th June 2021, when the Court was pleased to pass the following order:

"The Court is convened through Video Conferencing.

 Heard learned counsel for the petitioner.

 Issue notice."

Accordingly, notice was issued to all the 3 respondents through Hague Convention on 28.08.2021 and as per tracking report, notice still in transit.

Thereafter, the matter above-mentioned was listed before the Ld. Registrar Court from time to time and vide Ld. Registrar Court's order dated 17.09.2021, Ms. Liz Mathew, Advocate has on 09.11.2021 filed Vakalatnama and Memo of appearance on behalf of Respondent No.1 and 2 and has on 03.01.2022 filed Counter Affidavit on behalf of respondent no.1 and 2 after serving its copy on the other side.

It is submitted that Service Report has been received from International Service-Hague Convention stating therein that notice has  been served upon respondent no.1 and 2. 

It is further submitted that Service Report has been received on 12.11.2021 from International Service-Hague Convention stating therein that notice has not been served upon respondent no.3 with remarks "Not residing at given address".

Lastly, the matter above-mentioned was listed before the Ld. Registrar Court on 31.03.2022 with Office Report dated 28.03.2022, when the following order was passed:

"Ld.  counsel appearing for respondent Nos. 1 and  2 submits that they have filed counter affidavit. Ld. Counsel for the petitioner confirms the receipt of a copy thereof.

 Petitioner has neither taken fresh steps nor filed fresh particulars in respect of unserved respondent No. 3, despite grant of final opportunity on the earlier occasion. 

As such, the matter be placed before the Hon'ble  Judge in Chambers for necessary directions."

It is lastly submitted that Counsel for the petitioner has not taken fresh steps nor filed fresh particulars in respect of unserved respondent no. 3 so far. Hence, fresh notice was not issued to respondent no. 3 so far.

The matter above-mentioned is listed before the Hon'ble Judge in Chamber with this Office Report for Direction.

Dated : April 04, 2022

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