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1 - 5 of 5 (0.18 seconds)Section 3 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 5 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Jenjon Retail And Services Pvt Ltd vs Lavasa Corportion Ltd on 22 June, 2016
The copy of the award was sent on the same address as
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FAO No. 1816 of 2005 5
available with the Arbitrator on the record and there is nothing to show that
the Arbitrator or the respondents herein had been intimated about the
change of address. A party who is avoiding receipt of the award, cannot be
permitted to hold the award in abeyance. Section 3 of the Act pertains to
receipt of written communication and it is specified that any written
communication is deemed to have been received if it is delivered to the
addressee personally or at his place of business, habitual residence or
mailing address; and a written communication is deemed to have been
received, if it is habitual residence or mailing address by registered letter or
by any other means which provides a record of the attempt to deliver it.
Both the Bombay High Court and the Delhi High Court dealt with a similar
situation and interpreted Clause 31 (5) and Section 3 of the Act and it was
held that once an envelope has been sent to a correct address and party
refused to accept the same, it would amount to good service. Reference in
this regard is made to the judgments rendered by the Bombay High Court in
Jenjon Retail and Services Pvt. Ltd. V. Lavasa Corporation Ltd. 2016
SCC Online Bom 5321 and the Delhi High Court in Tata Capital
Financial Services Ltd. Versus A.G. Aerovision Electronics Pvt. Ltd.
and others 2018 (4) AD (Delhi) 73.
Section 31 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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