Validity of Arbitration Notice u/s 21 of Arbitration & Conciliation Act cannot be challenged when providing Wrong Address during Proceedings: Delhi HC [Read Order]
The Court observed that once the respondent himself provided his address wrongly, then he cannot be permitted to urge that the invocation notice was not served at the correct address
Delhi High Court – Validity of Arbitration Notice – Arbitration Notice – Arbitration – TAXSCAN
Delhi High Court – Validity of Arbitration Notice – Arbitration Notice – Arbitration – TAXSCAN
The Delhi High Court Validity of Arbitration Notice under section 21 of the Arbitration & Conciliation Act, 1996 cannot be challenged when providing the wrong address during proceedings. It was observed that once the respondent himself provided his address wrongly, then he cannot be permitted to urge that the invocation notice was not served at the correct address.
An application filed by the petitioner, Devender Kumar Kashyap seeking condonation of 93 days delay in re-filing the petition. The petition under Section 11 of the Arbitration and Conciliation Act ( “the Act” ) sought for appointment of a sole arbitrator for adjudication of disputes that have arisen between the parties in relation to the Partnership Deed dated 11.04.2016.
Counsel for the respondent accepts notice and does not deny that there are existing disputes between the parties. He also does not deny that these disputes are required to be adjudicated as per the arbitration clause contained in the Partnership Deed dated 11.04.2016.
It was contended that the petition was premature by contending that the petitioner had failed to serve a valid notice in terms of Section 21 of the Act, which is a precondition for invoking arbitration under Section 11 of the Act. Further submitted that the notice was wrongly addressed at respondent’s earlier address.
It was also contended that an invocation notice, which was not sent to his correct address, would not be valid in terms of section 21 of the Act.
A single bench of Justice Rekha Palli viewed that once the respondent himself provided his address at Village Bharola, New Subzi Mandi, Azadpur, Delhi-110033 in OMP ( COMM ) 34/2021, filed in December 2021, he cannot be permitted to urge that the invocation notice was not served at the correct address.
The court found no reason to not accept the petitioner’s prayer for the appointment of an arbitrator. The court held that “Before entering upon reference the arbitrator shall comply with section 12 of the Act. The fees of the learned Arbitrator will be governed by Schedule IV of the Act.”
To Read the full text of the Order CLICK HERE
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