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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Unique Builders, Rep.by its Managing Partner, Mr.P.Nallasamy – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to award under arbitration act. (Para 1) |
| 2. delay in passing the award claimed. (Para 3 , 4 , 5) |
| 3. omissions in finding claims noted. (Para 6 , 7) |
| 4. counterarguments regarding delay and merit. (Para 8 , 9 , 10) |
| 5. importance of timely awards emphasized. (Para 11 , 12 , 13 , 14 , 15) |
| 6. amendment act's retroactivity discussed. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 7. procedural irregularities in award process. (Para 22 , 23) |
| 8. delay impacts award validity. (Para 24 , 25) |
| 9. award set aside due to delay. (Para 26) |
ORDER :
P.B. BALAJI, J.
The award dated 30.09.2019 is under challenge under Section 34 of Arbitration and Conciliation Act, 1996 (in short 'Act').
2. I have heard Mrs.K.Aparna Devi, learned counsel for the petitioner and Mr.P.T.Ramkumar, learned Standing Counsel for the Railways. I have also gone through the records, including the impugned award of the learned Arbitrator, besides the decisions on which reliance has been placed by the learned counsel on the other side.
3. The learned counsel for the petitioner, Mrs.K.Aparna Devi, would make a preliminary argument with regard to delay in passing of the award and she would make elaborate submissions in this reg
An arbitral award can be set aside due to inordinate and unexplained delay in its issuance, negatively impacting the rights of the aggrieved party.
Delay in passing an arbitral award must be justified; unexplained delays can invalidate the award under public policy.
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.
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....
Substantial delay in pronouncing an arbitral award undermines justice and can be grounds for setting aside the award under public policy considerations.
Arbitral Award – Limitation – S. 34(3) specifically states that an application for setting aside may not be made after three months have lapsed from date of which party making an application had rece....
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