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1 - 7 of 7 (0.25 seconds)The Arbitration And Conciliation Act, 1996
Alupro Building Systems Pvt Ltd vs Ozone Overseas Pvt Ltd on 28 February, 2017
16. The Hon'ble Delhi High Court in Alupro's case
(supra) has categorically held that issuance of notice u/s
21 of the Act is mandatory and in case no notice is issued, the
arbitration proceedings are non-est. It was further observed
that requirement of receipt of notice by the respondent in
terms of Section 21 of the Act is a condition precedent to the
the commencement of the arbitration proceedings.
M/S Bhandari Udyog Ltd vs Industrial Facilitation Council & Anr on 20 February, 2015
13. The bare perusal of this clause would show that only the
courts situated at New Delhi would have the jurisdiction. The
words New Delhi is not qualified with the words "only",
"exclusively". Clause 9.5 reiterates that Courts at Delhi alone
shall have sole and exclusive jurisdiction. It seems that the
venue for arbitration was New Delhi but as such Delhi Courts
had the jurisdiction to the exclusion of the Courts at Andhra
Pradesh. Thus it cannot be said that the jurisdiction of this
court is barred . The judgment Bhandari Udyog (supra) has
clearly laid down that court within whose jurisdiction the
proceedings have taken place would have the jurisdiction.
The proceedings in the present case has taken place in Delhi.
Therefore, this court has the territorial jurisdiction. Thus, the
argument with regard to territorial jurisdiction is
unsustainable and is liable to be rejected.
The Arbitration Act, 1940
Delhi Development Authority vs M/S. R.S. Sharma & Co., New Delhi on 26 August, 2008
In DDA Vs. R.S. Sharma (2008) 13 SCC 80 the
Hon'ble Supreme Court summarized the law and held that:
Ge Money Financial Services Pvt. Ltd. vs Subhadra Devi & Anr on 11 December, 2012
In
G. E. Money (supra) the Hon'ble Delhi High Court set
aside the exparte award on the ground that no notice was
served upon the parties, therefore the arbitration proceedings
cannot be sustained.
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