DELHI HIGH COURT: FRIENDLY CONSULTATION NECESSARY BEFORE ISSUING SECTION 21 NOTICE UNDER ARBITRATION ACT

The court also relied on the decision of Supreme Court in the case SBI General Insurance Co Ltd v. Krish Spinning, wherein the court held that Section 21 court has to examine whether there exists an arbitration agreement and whether the Section 11(6) petition has been filed within 3 years of the issuance of Section 21 notice.

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The Delhi High Court in the case M/S N. J. Garments Private Limited Versus M/S Capitalgram Marketing And Technology Pvt Ltd observed and has held that in the present matter there being no scope for negotiation between the parties, much less friendly negotiations.

The Delhi High Court bench of J. C. Hari Shankar was hearing the present matter.

FACTS OF THE CASE

The present matter relates to vis-a-vis a Lease Deed dated July 30, 2021, in which certain premises were leased by the petitioner to the respondent.

The Article 16 of the deed states that parties should resolve disputes by arbitration. Then, the petitioner addressed various emails to the respondent raising monetary claims, but the dispute remains unresolved.