Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Sanjeev Malhotra – Appellant
Versus
SBI Global Factors Ltd. – Respondent
| Table of Content |
|---|
| 1. arbitration act petition filed to invalidate an arbitral award. (Para 1) |
| 2. factual background on parties and agreements. (Para 2 , 3 , 4) |
| 3. details of claims and underlying disputes. (Para 5 , 6) |
| 4. petitioner's application against the arbitral award. (Para 7 , 8) |
| 5. objections raised against the award. (Para 9 , 10 , 11) |
| 6. defending the arbitral tribunal's decisions. (Para 12 , 13) |
| 7. claims regarding delay and its implications. (Para 14 , 15 , 16) |
| 8. court's observations on procedural issues. (Para 18) |
| 9. operative directions of the arbitral award. (Para 19 , 20) |
| 10. assessment of the arbitral tribunal’s findings. (Para 21 , 22 , 23) |
| 11. delay in the award and its significance. (Para 24 , 25) |
| 12. court's views on timing of award delivery. (Para 26 , 27 , 28) |
| 13. consequences of procedural delays in arbitration. (Para 29 , 30) |
| 14. arguments on non-decision of interim applications. (Para 31 , 32 , 33) |
| 15. discussion on the validity of grounds for objection. (Para 34 , 35 , 36) |
| 16. applicability of laws and previous judgments. (Para 37 , 38 , 39) |
| 17. determining the adequacy of reasoning in awards. (Para 40 , 41 , 42) |
| 18. final objections and rejection of claims. (Para 43 , 44) |
The court upheld the validity of the arbitral award, affirming the necessity for evidence of debt and reaffirming the co-extensive liability of the guarantor with that of the principal debtor, despit....
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.
Wrongful encashment of a bank guarantee can be claimed as restitution rather than strictly under damages, highlighting the sufficiency of entitlement rather than extensive evidence. This determinatio....
Scanned signed copy of the award/order of the Arbitral Tribunal to the parties would be a valid delivery as envisaged under Section 31(5) of the Arbitration and Conciliation Act, 1996.
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
