Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Amit Engineers – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of arbitration proceedings. (Para 1 , 2 , 3) |
| 2. claims by petitioner for setting aside award. (Para 5 , 6) |
| 3. respondent's opposition to petition. (Para 7 , 8 , 9) |
| 4. court's observations on delay in award. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. legal principle on delay affecting award's validity. (Para 19 , 20 , 21) |
| 6. court's view on misconduct and natural justice. (Para 22 , 23) |
| 7. final conclusion and order. (Para 24 , 25) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. Petitioner has filed the present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) challenging the Award of the sole Arbitrator dated 31 May 2021. By the impugned Award, the learned Arbitrator has rejected all the claims raised by the Petitioner.
2. The Petitioner is a government contractor, undertaking various contracts for the Railways. The Respondent-Central Railway invited tenders for the work of ‘Annual Maintenance Contract of RMPUs’ of M/s. Sidwal Fedders Liayd, Amit Engineers, Amber Enterprises and Daulatram industries make fitten in AC coaches in Mumbai, Bhusawal (at MMR), Nagpur, Solapur and Pune Division for a period of three years at con
An arbitral award may be set aside if made after expiry of the arbitrator's mandate or due to undue delay impacting its validity, reflecting violations of natural justice.
Delay in passing an arbitral award must be justified; unexplained delays can invalidate the award under public policy.
Excessive and unexplained delay in arbitral proceedings vitiates the award, impacting fairness and leading to its annulment under public policy and patent illegality.
An arbitral award can be set aside due to inordinate and unexplained delay in its issuance, negatively impacting the rights of the aggrieved party.
Undue and unexplained delay in an arbitral award can vitiate the award's validity under public policy.
The main legal point established in the judgment is that the applicants were entitled to the benefit of the amendment made to Section 34 of the Arbitration and Conciliation Act, 1997, and that the de....
Inordinate delay in the pronouncement of an arbitral award, without sufficient justification, renders the award patently illegal and subject to annulment under Section 34 of the Arbitration and Conci....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
