In my view, the stand taken by the petitioners in the
rejoinder that the petitioner no.1 does not reside at House No.247, Acoi,
Karaswada, Mapusa, Bardez, Goa – 403 507 is inconsistent and contrary
to the statement made in the petition. It is thus clear that the petitioners
have not come to this Court with clean hands. This Court in the case of
Apex Encon Projects Pvt. Ltd. & Anr. Vs. L & T. Finance Ltd. & Anr.
(supra) and in the case of Jasvinder Kaur Vs. L & T Finance Ltd. &
Anr. (supra) after adverting to the provisions of Section 3(1)(b) of the
Arbitration Act and Section 27 of the General Clauses Act has held that
the notices are sent by the Registered Post A.D. at the last known
addresses of the petitioners and the same have not been returned by the
postal authority and therefore, it would amount to a deemed service of
such notices and proceedings. In my view, the said two judgments
squarely apply to the facts of this case. I am respectfully bound by the
aforesaid two judgments.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.1231 OF 2014
Francisco A. D'Souza
Vs.
L & T Finance Ltd.
CORAM : R.D. DHANUKA, J.
DATE : 30th April 2015
Citation:2016 (3) ALLMR803
rejoinder that the petitioner no.1 does not reside at House No.247, Acoi,
Karaswada, Mapusa, Bardez, Goa – 403 507 is inconsistent and contrary
to the statement made in the petition. It is thus clear that the petitioners
have not come to this Court with clean hands. This Court in the case of
Apex Encon Projects Pvt. Ltd. & Anr. Vs. L & T. Finance Ltd. & Anr.
(supra) and in the case of Jasvinder Kaur Vs. L & T Finance Ltd. &
Anr. (supra) after adverting to the provisions of Section 3(1)(b) of the
Arbitration Act and Section 27 of the General Clauses Act has held that
the notices are sent by the Registered Post A.D. at the last known
addresses of the petitioners and the same have not been returned by the
postal authority and therefore, it would amount to a deemed service of
such notices and proceedings. In my view, the said two judgments
squarely apply to the facts of this case. I am respectfully bound by the
aforesaid two judgments.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.1231 OF 2014
Francisco A. D'Souza
Vs.
L & T Finance Ltd.
CORAM : R.D. DHANUKA, J.
DATE : 30th April 2015
Citation:2016 (3) ALLMR803