In Oil India Limited vs Essar Oil Limited, the Hon'ble Delhi High Court while quashing the appeal of Oil India to set aside the arbitration award opined that mere delay by the arbitral tribunal to pronounce its award is no ground to set it aside, the Delhi High Court stated, dismissing an appeal of Oil India Ltd (OIL) against an award by a three-member panel in favour of Essar Oil Ltd. The high court said a party can raise the issue only if it suffered prejudice by the delay. In this case, there was a delay of three years, but OIL could not demand quashing of the award as it had failed to assert its right under the Arbitration and Conciliation Act.
Special Leave Petition (Crl.) No. 8907 of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that respondents-financer had forcibly taken away the vehicle financed by them and illegally deprived the petitioner from its lawful possession and thus, committed a crime. The complaint filed by the petitioner had been entertained by the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case No. 608 of 2009, even directing the interim custody of the vehicle (Maruti Zen) be given to the petitioner vide order dated 17.3.2009. The respondent on approaching the Guwahati High Court against this order, the hon'ble court squashed the criminal proceedings pending before the learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
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