Proof of notice needed for appointment of arbitrator

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In a recent case before the Allahabad High Court, an application was filed under section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator, on the grounds of non-cooperation of the respondent in the appointment of an arbitrator. However, the applicant was unable to file any proof of service of the notice before the court.

In Shyam Kishor Gupta v Bharat Sarkar through Pravar Adhikshak Dak Ghar Lko & Anr, it was contended by the applicant that the notices for invocation of the arbitration clause that were contained in the contract had been issued to the respondent by registered post on two occasions. However, the respondent denied receiving the notice. The dispute relates to property rented out to the respondents for which the lease had ended. The applicant sought to increase the rent, but did not receive a positive response.

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