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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
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 regard. According to the learned counsel for the petitioner, the delay in passing the award renders the award liable to be set aside, without even going into the merits. Even otherwise, she would submit that the Arbitrator, in a haste to pronounce the award, has mingled issues together without any substance or basis whatsoever and therefore, the award passed is liable to be set aside, even if not on the ground of delay. The learned counsel for the petitioner would refer to the various dates which are relevant to determine her contentio
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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