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.
In case of Sarvesh Security Services
Limited Vs. DSIIDC [2018 SCC OnLine Del 7996], the Delhi
High Court held such type of pre-arbitration Clause as of only
directory in nature.
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 VerifiedDigitally SignedBy:HARVINDER KAURBHATIA ARB.P. 1594/2025 Page 2 of 8Signing Date:23.02.202617:42:57
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.
3. The learned counsel for the petitioner cited the decision
of the Delhi High Court in Ravindra Kumar Verma vs.
M/s. BPTP Ltd. and Another [2014 SCC OnLine Del
6602] which is followed by the subsequent decision of
2025:KER:67941
AR No.75 of 2025 4
the same High Court in Sarvesh Security Services
Pvt. Ltd. v. Managing Director, DSIIDC [Dated