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Omp (Comm) No. 18/19 vs M/S Aakash Education Services Pvt. Ltd on 16 December, 2022

8. The Ld. Counsel for the respondent/claimant submitted that notice dated 12.04.2017 had raised the dispute as required under law and satisfied the requirement of section 21 of Arbitration and Conciliation Act (relied upon Sarvesh Security Services Pvt. Ltd. Vs. Managing Director, DSIIDC, MANU/DE/1225/2018 dated 16.03.2018). In the objections the petitioner states that he has not received the notice, but admitted in his reply to the Arbitration proceedings. There are no averments in reply to the claim or objections filed under section 34 of Arbitration and Conciliation Act that notice was defective.
Delhi District Court Cites 29 - Cited by 0 - Full Document

Oyo Hotels And Homes Private Limited vs Shri Deepankur Patiyal on 20 February, 2026

4. Adverting now to the second objection, this Court is of the considered opinion that while the clause envisaging negotiations or discussions between the parties ought to be encouraged as a matter of commercial prudence, the same is directory rather than mandatory in nature and cannot operate as an impediment to the constitution of the Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA ARB.P. 1594/2025 Page 2 of 8 Signing Date:23.02.2026 17:42:57 arbitral tribunal. This position also finds support from the judgments of this Court in Satpal Sharma v. Union of India3, Union of India v. Baga Bros4, Sarvesh Security Services (P) Ltd. v. DSIIDC5, Siemens Ltd. v. Jindal India Thermal Power Ltd.6 and Ravindra Kumar Verma v. BPTP Ltd.7.
Delhi High Court Cites 16 - Cited by 0 - Full Document
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