Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 21.09.2020 passed by the learned Sole Arbitrator.The short ground on which the award has been challenged by the petitioner is that there was an inordinate delay in passing of the award. Ltd. vs. BHEL, 2008 and BWL Limited v. Union of India, 2012, the award deserves to be set aside on the ground of inordinate delay in passing the same. The court further referred to another judgment of the Delhi High Court in CRPF v. Fibroplast Marine Ltd., wherein it was observed that inordinate, and unexplained delay in rendering the award makes it amendable to challenge under Section 34 of the A&C Act, that is, being in conflict with the public policy of India.
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