THINK GAS LUDHIANA PVT LTD vs M K AGGARWAL FINISHING FACTORY & ANR.

Judgment text excerpt

$~O-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2059/2024 Date of Decision: 03.03.2025 IN THE MATTER OF: THINK GAS LUDHIANA PVT LTD .....Petitioner Through: Mr. Abhishek Gupta, Mr. Udit Kr. Thakur and Mr. Rajeev Kr. Yadav, Advs. versus M K AGGARWAL FINISHING FACTORY & ANR. .....Respondents Through: None. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the 1996 Act) by the petitioner, seeking the appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties under the Gas Supply Agreement dated 28.04.2022 2. The office report indicates that the service of the notice has been affected by email, which is recorded in the agreement. In addition, the service of notice has also been affected through WhatsApp as well as registered posts. The affidavit of service indicates that while the email was Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:04.03.2025 By:PURUSHAINDRA 17:16:13 KUMAR KAURAV successfully delivered, the speed post has been returned unserved with the note 'refused'. 3. In view of the aforesaid, the service on all the respondents stand complete. The Court, therefore, is left with no option but to proceed ex parte against the respondents. 4. The facts of the case would indicate that a Gas Supply Agreement dated 28.04.2022 was entered between the petitioner and M.K. Aggarwal- respondent No.1 through its partnership firm as respondent No.2 for supply of natural gas by the petitioner to the respondents for use at their premises at Lakshita Cluster Colony, Machhiwara Road, Kohara, Ludhiana, Punjab- 141003. The billing cycle com