High Court of Delhi Upholds Importance of Accurate Invocation Notices in Arbitration Cases – Justice Rekha Palli
In a significant judgment by the High Court of Delhi, Justice Rekha Palli emphasized the crucial role of proper service of invocation notices in arbitration proceedings. The court’s decision in the case of Devender Kumar Kashyap vs. Chander Muni (ARB.P. 1269/2023) brings clarity to the procedural aspects of arbitration under the Arbitration and Conciliation Act.
The petitioner, Devender Kumar Kashyap, represented by advocates Mr. L.K. Singh, Mr. J.K. Jaiswal, and Ms. Saira Praveen, sought the appointment of a sole arbitrator for disputes arising from a Partnership Deed dated April 11, 2016. The respondent, Chander Muni, represented by Mr. Puneet Ahuja, contested the petition on grounds of the petitioner’s failure to serve a valid invocation notice as per Section 21 of the Arbitration and Conciliation Act.
Justice Rekha Palli, in her ruling, stated, “once the respondent himself provided his address at Village Bharola, New Subzi Mandi, Azadpur, Delhi-110033 in OMP (COMM) 34/2021, he cannot be permitted to urge that the invocation notice was not served at the correct address.” This observation underscores the necessity of serving invocation notices correctly and the implications of the parties’ awareness of the dispute.
The court dismissed the respondent’s objection regarding the improper service of the invocation notice. It was noted that the respondent had been aware of the petitioner’s intention to invoke arbitration since 2021. Consequently, the petition for arbitration could not be considered premature.
In a landmark decision, Mr. Pranav Proothi was appointed as the Arbitrator to resolve the disputes between the parties, with the court emphasizing the non-expression of any opinion on the merits of the rival claims. This appointment and the subsequent process will be governed by the relevant sections and schedules of the Arbitration and Conciliation Act.
Date of decision: 04.12.2023
DEVENDER KUMAR KASHYAP VS CHANDER MUNI
