Allahabad High Court
M/S MOBCODER TECHNOLOGIES PVT LTDversusM/S. LOOKMAN ELECTROPLAST INDUSTRIES LTD
- Decided
Holding
The court held that service of notice on the opposite party is deemed sufficient.
Summary
M/S Mobcoder Technologies Pvt Ltd filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking enforcement of an arbitral award against M/S Lookman Electroplast Industries Ltd. The court, relying on an office report dated 2‑April‑2026, held that service of notice on the opposite party was deemed sufficient even though the respondent had not yet appeared. The judge directed that the matter be listed again for hearing on 27‑April‑2026 in the interest of justice. It was expressly warned that if the opposite party fails to file a counter‑affidavit, the proceedings will continue ex parte. The order is a procedural direction pending further hearing.
Issues considered
- Whether service of notice under Section 11(4) of the Arbitration and Conciliation Act, 1996 is deemed sufficient despite the opposite party's non‑appearance
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4)
Subjects
- Arbitration
- Section 11(4)
- Service of notice
- Ex parte
- Procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 167 of 2025
M/S Mobcoder Technologies Pvt Ltd
.....Applicant(s)
Versus
M/S. Lookman Electroplast Industries Ltd
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjana Singh, Yash Pratap Singh
Counsel for Opposite Party(s) :
Court No. - 7
HON'BLE PIYUSH AGRAWAL, J.
In view of office report dated 2.4.2026, service of notice upon the
opposite party is deemed sufficient, though the appearance is awaited.
In the interest of justice, the case is passed over.
List again on 27.4.2026.
It is made clear that in the event counter affidavit is not filed by the
opposite party, the matter will be proceeded exparte.
(Piyush Agrawal,J.)
April 15, 2026
Rahul Dwivedi/-
Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad
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