LEASEPLAN INDIA PVT. LTD. Vs. TOPSGRUP SERVICES LTD.

JUDGEMENT

(1.) Advance copy is stated to have been served to the ld. counsel for the Respondent both by post and email. However, none appears for the Respondent.

(2.) The present petition raises an important issue as to whether automatic notice can be issued in petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter „Act‟), in the manner as has been done by the Trial Court vide orders dated 12th December, 2019 and 24th January, 2020.

(3.) The submission of Mr. Paritosh Budhiraja, ld. counsel for the Petitioner is that the Arbitral Award was passed and communicated to the parties on 12/13th September, 2018. The first filing before the Delhi High Court was on 5th January, 2019, which was beyond the three months' period but within the 30 days' extended period. However, the Registry raised various objections on 7th January, 2019. The Respondent did not take any steps thereafter. The Petitioner then issued a statutory notice under the Insolvency and Bankruptcy Code to the Respondents and also filed an application before the NCLT, Mumbai on 16th October, 2019. In reply to the said notice on 30th October, 2019, the Respondent claimed that it had filed an application under Section 34 of the Act. However, on 19th November, 2019, after passing of 10 months, the refiling of the said petition was done by the Respondent in the Delhi High Court. On 20th November, 2019, the Registry again returned the petition under objections. On 7th December, 2019 refiling of the said petition was done again in the Delhi High Court.