Mstc Limited vs Meherkiran Enterprises Limtied
2022 Latest Caselaw 2214 Cal/2

ODC-20
                                ORDER SHEET

                                 EC/130/2022

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            (Commercial Division)

                            MSTC LIMITED
                                 VS
                    MEHERKIRAN ENTERPRISES LIMTIED


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 18th August, 2022

                                                                    Appearance:
                                                         Ms. Noelle Banerji, Adv.
                                                         Mr. Dipanjan Dey, Adv.
                                                       Ms. Shreyasi Manna, Adv.
                                                          ...for the decree-holder


     The Court: The report of the Department indicates that service could not

  be completed and the same has returned with endorsement 'Item Returned,

  Addressee left without instructions'.

     Several attempts to serve the respondent have failed.

It is to be noted that a Section 34 application has already been filed by

the respondent but there is no order of stay under Section 36(2) of the

Arbitration and Conciliation Act, 1996.

In light of the same, the petitioner is directed to carry out substituted

service in two newspapers, one in a vernacular daily and one in an English

newspaper of wide circulation in the local jurisdiction where the judgment-

debtor resides.

Let such publication be completed by a period of six weeks from date.

Upon perusal of the records, I am of the further view that certain

protection is required to be given to the petitioner in this case.

Accordingly, let there be order in terms of prayer (g) of the Tabular

Statement.

The said order shall also be published along with the substituted service.

Matter is made returnable six weeks hence.

(SHEKHAR B. SARAF, J.)

R.Bhar