dates as date of invocation of the arbitration.
The date of invocation of arbitration, as per the petitioner, was
28.06.2019. The petitioner in its Statement ... reckoned with as invocation.
OMP (COMM) No. : 12/2023 4/73
9. According to petitioner, the date of invocation of
arbitration was 28.6.2019, whereas last
arbitration agreement and not
to look into the facet of invocation of arbitration and accordingly
the adjudication of Ld. Sole Arbitrator that the issue with ... hereinafter
referred as CPC ). Invocation of the arbitral proceedings were
conducted without the receipt of any notice for invocation of said
arbitral proceedings
respondent (respondent in
the impugned arbitration) proceeded to initiate arbitration proceedings
against the Original respondent (respondent in the impugned arbitration) and
after obtaining illegal interim ... there is illegal invocation of arbitration as entire
arbitration proceedings were non-est and nullity from the point of invocation.
The entire arbitration against
Invocation of Arbitration u/s 21 is mandatory requirement for
initiating arbitration proceedings. Thus, on account of noninvocation
of notice ... petitioner that invocation
of arbitration u/s 21 of the Arbitration Act is mandatory requirement
for initiating arbitration proceedings. Learned counsel has relied upon
arbitration and
finalized the bill. Thereafter, the claimant withdraw the invocation
of Arbitration. It was informed on 21.12.2019, the bill has been
finalized, however ... Delhi to adjudicate the
disputes and hence, the withdrawal of invocation arbitration dated 20
.12.2019 be declared as null and void as the same
this alleged last
invoice dated 07.03.2013 was to be considered, invocation of
arbitration was yet much after three years.
11. With regard to the alleged ... court proceedings or arbitration.
Arbitration was invoked only vide letter dated 28.11.2016. By
virtue of letter dated 28.11.2016, claimant invoked arbitration
OMP (Comm
payment has been made by
the petitioner, therefore vide arbitration invocation letter dated
12.07.2021, Respondent bank proposed ... name of the arbitrator
for commencement of the arbitration proceedings, however
despite receiving of the arbitration invocation letter dated
12.07.2021 no objection has been raised
payment has been made by
the petitioner, therefore vide arbitration invocation letter dated
12.07.2021, Respondent bank proposed ... name of the arbitrator
for commencement of the arbitration proceedings, however
despite receiving of the arbitration invocation letter dated
12.07.2021 no objection has been raised
contentions by the parties and
perused the record.
WHETHER NOTICE OF INVOCATION OF ARBITRATION
DULY SERVED UPON THE PETITIONER?
7. To appreciate the contention ... order that "Ld. Counsel for
Claimant submits that Notice for Invocation of Arbitration
was duly served upon Respondent on 20.06.2023.
However, no reply
object.
21. Thus, once the petitioner herein never objected to the
invocation of arbitration clause by the claimant without
following the pre-requisite procedure ... This issue that whether the pre-requisite/ preceding steps
for invocation of arbitration clause are mandatory or merely
Arbtn 2863/17 MCDvs. M/s Surender
