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2018 Supreme(Del) 834

VIBHU BAKHRU
JAY POLYCHEM (INDIA) LTD – Appellant
Versus
S. E. INVESTMENT LTD – Respondent


Advocates Appeared:
For the Petitioner:Mr P.P. Malhotra, Senior Advocate with Mr Shubhendu Kaushik.
For the Respondent: Mr P. Nagesh and Mr Dhruv Gupta.

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioners have filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter “the Act”), inter alia, impugning the arbitral award dated 31.07.2015 (hereafter “the impugned award”) delivered by the Arbitral Tribunal constituted by a sole arbitrator, Justice S.B. Sinha, a former Judge of the Supreme Court of India (hereafter “the Arbitral Tribunal”). The impugned award was rendered in the context of disputes that had arisen between the petitioners and the respondent with respect to the Loan Agreements dated 29.08.2011 (hereafter “the Loan Agreements”).

2. The present petition was filed on 31.10.2015. However, the said petition was neither signed on behalf of the petitioners nor supported by signed and attested affidavits. In addition to the above, the petition was also defective on several other grounds and, thus, was returned on 31.11.2015. It is relevant to note that the petition was filed just before the expiry of the period of three months available in terms of Section 34(3) of the Act, for filing a petition under Section 34 of the Act.

3. The petition was thereafter refiled on 23.12.2015. This was not only b




































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