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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Amit Engineers – Appellant
Versus
Union of India – Respondent
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 contract value of Rs.5,74,72,366/-. Petitioner’s tender for 34% above the tendering cost was accepted and the Petitioner was awarded work order for 36 months commencing from 15 September 2010 to 14 September 2013. The Petitioner continued performing the work during currency of the contract and for a period of four months in excess and claims to have carried out work till 31 December 2013 to the extent of Rs.6,05,01,881.00. The disputes arose between the parties wit
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.
An arbitral award must provide clear and intelligible reasoning; lack thereof renders it void under Section 34 of the Arbitration Act.
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....
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