Whether a communication specifically claiming a disputed amount and narrating the background facts as also contemplating legal action in general, would qualify as a notice of request for arbitration?2020-05-02T11:58:45+05:30
QUESTION

Whether a communication specifically claiming a disputed amount and narrating the background facts as also contemplating legal action in general, would qualify as a notice of request for arbitration?

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YES The Court held that a communication specifically claiming a disputed amount and narrating the background facts as also contemplating legal action in general, as against initiation of arbitration proceedings in particular, would qualify as a notice of request for arbitration. REFER : Badri Singh Vinmay Private Limited v. MMTC Limited [Judgment dated 06.01.2020 in O.M.P. 225/2015]

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