Deemed Service of Arbitration Notice Despite Change of Address
Judgment dated 22.5.2026 of the Punjab and Haryana High Court in ARB-128-2026 (O&M) of Rajinder Singh Vs. Ms Moonwalk Infraprojects Private Limited
Arbitration Notice on Last Known Address – Presumption of Service Despite Change of Address
Deemed Service of Arbitration Notice Despite Change of Address
Section 21 Arbitration Notice on last known address – Deemed Service
Stake holders must treat Section 21 Notice service as a compliance priority, not a formality. Few practical tips for compliance –
- Agreement should provide address of the parties including email / whatsapp mobile number for communications;
- Agreement should necessarily provide for updating the addresses / email / mobile number to avoid disputes over service of notices & communications.
iii. It should be specifically provided that the notices sent either by courier, registered post or email or electronic platforms or all of them shall be deemed service of notice, even if returned unserved or not acknowledged.
- It should be specifically provided that in case of failure of any of the parties to update the address, the notices sent by registered speed post on the address given in the agreement and/or last updated address shall be deemed service of such notices, even if not delivered.
- Preservation of the postal receipts, tracking reports, acknowledgements, etc; is essential for proof of service.
The Agreement has provided the address of the respondent at the bottom of every page. Section 21 notice was sent to the said address of the respondent by the registered post but appears not to have been delivered – probably due to a change of address.
Section 3 of the AA, therefore, assumes importance on the presumption of service of section 21 Notice, as follows-
- Receipt of written communications.
(1) Unless otherwise agreed by the parties,
(a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and
(b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressees last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.
In that context, it was HELD that the Section 3(1)(b) applies in the present case.
