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2026 DAILYLAW 40490 (CAL)

Vishesh Instruments and Electronics Private Limited v. Systron Electronics Private Limited

CO/3087/2026 · 2026-09-11

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 15 11/09/2026 Ct. No.- 6 Aritra C.O. 3087 of 2026 Vishesh Instuments & Electronics Pvt. Ltd. Vs. Systron Electonics Pvt. Ltd. Mr. Sankarsan Sarak Mr. Kritin Saraf Mr. Shivam Chaturvedi ….for the petitioner This application under Article 227 of the Constitution of India is at the instance of the petitioner in an application under Section 9 of the Arbitration and Conciliation Act, 1996 and is directed against an order being No.4 dated August 11, 2026 passed by the learned Judge, Commercial Court at Rajarhat in Misc. Arb. (COM) No.21 of 2026. By the order impugned the petitioner was directed to take fresh steps for service upon the concerned opposite party. The learned advocate appearing for the petitioner submits that the registered article addressed to the opposite parties returned with the endorsement “door locked” “intimation served” and the ultimate remark was “unclaimed”. The learned advocate further submits that unclaimed after repeated intimation being served amounts to good service and the learned judge ought not to have directed fresh service to be undertaken. It is not in dispute that on the returnable date the opposite party did not appear. 2 This Court is of the considered view that a fresh directions for service was passed as the learned judge wanted to afford a further opportunity to the opposite party to appear and contest the application under Section 9 of the Arbitration and Conciliation Act, 1996. For such reason this Court is not inclined to interfere with the order impugned. Accordingly, CO 3087 of 2026 stands disposed of. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)