9911796707
TMI Blog2023 (5) TMI 1393X X X X Extracts X X X X X X X X Extracts X X X X ..... id intimation was uploaded on the relevant website by the Registrar of Companies immediately thereafter. In fact, there was no occasion for the present respondent to make such enquiry in the first place, having no reason to apprehend such alteration of address - In all the documents throughout, the respondent herein had mentioned the address of the applicant-Company as its last-known address which could not be faulted per se. In the absence of any palpable error apparent on the face of the order under recall, there is no occasion for this Court to sit in judgment over the order of a co-ordinate Bench under Section 11 of the 1996 Act - In the absence of any ineligibility of the Arbitrator within the contemplation of the 1996 Act being pleade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Purchase Agreement. 5. It is contended by the petitioner that the present respondent (petitioner in the application under Section 11) consistently served communications at a wrong address of the applicant-Company. In fact, even the invocation under Section 21 was made at the previous address of the Company, despite the address of the Company having changed in the records of the Registrar of Companies prior thereto. 6. Learned counsel places reliance on the Minutes of the Second Sitting of the Arbitrator dated April 18, 2023, appointed by the order sought to be recalled, where it was mentioned that the Arbitral Tribunal had forwarded the Minutes of the First Sitting dated March 27, 2023 to the respondent at the address being Room No.206-7, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication) continued to serve notices on the erstwhile employee of the Company at his personal office address and not at the address of the Company. Hence, it is submitted, the entire bunch of correspondence made by the present respondent was served at wrong addresses and the application under Section 11 had also been filed by suppressing the correct address. 11. Learned counsel for the petitioner places reliance on Section 12, sub-sections (2) and (4) of the Companies Act, 2013 (for short, the 2013 Act ) which pertain to change of registered office of the Company. Reliance is also placed on Rules 25 and 27 of the Companies (Incorporation) Rules, 2014 (in brief, the 2014 Rules ). In the said provisions, it is argued, the provisions for inti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner, learned counsel for the present respondent (petitioner in the Section 11 application) argues that the change of address was uploaded only in October, 2022. It is contended that the contract between the parties was entered into on March 11, 2021, which contained the arbitration clause pursuant to which the matter had been referred to arbitration. 17. It is submitted that there was sufficient compliance of Section 3(1)(b) of the 1996 Act, since there was no occasion whatsoever for the respondent to search the records for a change of address of the Company. All along previously, the correspondence was made at the previous addresses of the applicant-Company. The first occasion of non-service was when the Minutes of the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of address of the Company. Even if it is assumed that the change of address was duly intimated to the Registrar of Companies in time, the same does not give rise to the assumption that the said intimation was uploaded on the relevant website by the Registrar of Companies immediately thereafter. In fact, there was no occasion for the present respondent to make such enquiry in the first place, having no reason to apprehend such alteration of address. 22. In all the documents throughout, the respondent herein had mentioned the address of the applicant-Company as its last-known address which could not be faulted per se. 23. Although in the reply of the applicant dated March 14, 2022 it was indicated that the notice dated February 28, 2022 was s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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