Claims Raised Before The Arbitral Tribunal Cannot Be Rejected Even If Not Mentioned In The Notice Issued Under Section 21 Of The A&C Act: Delhi High Court

Case: Ministry of Youth Affairs & Sports versus Agility Logistic Pvt Ltd
Coram: Justice Vibhu Bakhru
Case No.: O.M.P. (COMM) 95/2019 & IA No.3385/2019
Court Observation:

The Court ruled that it is not necessary that a notice issued under Section 21 of the A&C Act quantifies the amounts claimed by the claimant and that it was only required to set out the disputes between the parties. The Court held that the notice issued by Agility under Section 21 of the A&C Act clearly communicated the disputes between the parties. The Court observed that the Arbitral Tribunal had held that it was not necessary for the claims to be specifically stated in the notice issued under Section 21 of the A&C Act, and therefore the claims raised by the claimant Agility before the Arbitral Tribunal could not be rejected only on the ground that they were not mentioned in the said notice.

The Court held that the Arbitral Tribunal is the final adjudicator of the quantity and quality of evidence and the Court is not required to re-appreciate or re-evaluate the evidence to re-adjudicate the dispute.