IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

l.A No. 1 of 2O23 IN ARBITRATION APPLICATION NO: 106 OF 2021

Between:

I

ItI/s. Bhavya Cements Private Limited, Previously known as (Bhavya Cements Limited), A company incorporated under the Companies Act, 1956, Having its registered office at Tangeda Village, Dachepally Mandal, Guntur District-522414 and Unit No. C2, 2no Floor, Quena Square Taj Deccan Road, Erramanzil, Hyderabad, Telangana-500082

,..PETITIONERYAPPELLANT

AND

• 1. Ecoren Energy lndia Private Limited, Having its registered office at Plot No 1202,2nd Floor, Road No. 36, Jubilee Hills, Hyderabad-s0O 033
• 2. JwalyaWinds Private Limited, H. No. 63/493, tMotilal Nagar-lll, MG Road, Goregaon West, lVlumbai-400 090

...RESPONDENTS/ RESPONDENTS

Petition under Order 5 Rule 20 (1-A) R /V Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner to publish the notice in two newspapers by way of substitute service, one in English and another in the vernacular language, circulating in the locality in which the Respondent No.2 was last known to have actually and voluntarily resided.

This Petition coming on for hearing and upon perusing the affidavit filed in support of the petition, and upon hearing the arguments of Sri M.V. PRATAP KUMAR, Advocate for the Petitioner and Sri VIVEK CHANDRA SEKHAR, Advocate for the Respondent No.1 .

[ 3167 ]

The Court made the following: ORDER

"This Application is filed seeking to take out substitute service of notice on respondent No.2 by way of paper publication.

On an earlier occasion, a notice was sent to respondent No.2, but the same was returned unserved with an endorsement'addressee moved'.

Having regard to the above, the learned counsel for the petitioner is permitted to serve notice on respondent No.2 by way of paper publications in Times of lndia, English Daily Newspaper, and in any Marathi daily newspaper having wide circulation in Bombay and file proof thereof into Registry by the next date of hearing.

Accordingly, the l.A. is ordered."

SD/- B. S. CHIRANJEEVI JOINT REGISTRAR

//TRUE COPY//

SECTION OFFICER

1. One CC to Sri M.V. PRATAP KUMAR, Advocate [OPUC]

2. One CC to Sri VIVEK CHANDRA SEKHAR, Advocate [OPUC]

3. Two CD Copies

\V-

HIGH COURT

AAR, J

DATED: 03/02/2023

ORDER I.A No. 1 of 2023 IN ARBAPPL. No. 106 of 2021

ORDERING THE I.A