OCD- 16 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/435/2026 ADITYA BIRLA GLOBAL (INDIA) PVT. LTD. VS K. D. ENTERPRISE BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 15th July, 2026. Appearance: Mr. Rajiv Lall, Adv. …for petitioner. The Court: Affidavit of service is taken on record. The report indicates that the respondent has refused service. Refusal is a good service. Despite service, none appears for the respondent. The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator in respect of the dispute arising out of the work contract No.WO/KOLKATA/2021- 2022/VID1960/002 dated 17.05.2022. Learned counsel for the petitioner submits that the arbitration agreement contained in clause 73 of the contract was invoked by issuing notice dated 17.03.2026. It is submitted that the said notice was served upon the respondent through Blue Dart. The report indicates that the addressee has left the address and thus the service could not be effected. At this stage, this Court is not inclined to proceed further on the basis of the materials placed on record before this Court. The service of notice invoking 2 arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 cannot be said to be free from doubt. While one mode of service indicates refusal another mode suggests that the addressee has left the address. In the absence of sufficient material regarding service of the notice invoking arbitration, this Court considers it appropriate to afford the petitioner a further opportunity to effect service upon the respondent. Accordingly, the petitioner is granted liberty to effect service of the notice invoking arbitration upon the respondent in accordance with law. The present petition is dismissed at this stage with liberty to the petitioner to file appropriate proceedings in accordance with law. (GAURANG KANTH, J.) R.D. Barua