Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 2010 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (4) TMI 595 - SC - Companies LawWhether in an appeal under section 37 of the Arbitration and Conciliation Act, 1996 from an order refusing to set aside the award, an amendment in the memorandum of appeal to raise additional/new grounds can be permitted? Whether the High Court committed any error in rejecting the appellant's application for addition of new grounds in the memorandum of arbitration appeal? Held that:- Appeal dismissed. As in the application for setting aside the award, appellant set up only five grounds, viz., waiver, acquiescence, delay, laches and res judicata. The grounds sought to be added in the memorandum of arbitration appeal by way of amendment are absolutely new grounds for which there is no foundation in the application for setting aside the award. Obviously, such new grounds containing new material/facts could not have been introduced for the first time in an appeal when, admittedly, these grounds were not originally raised in the arbitration petition for setting aside the award. Moreover, no prayer was made by the appellant for amendment in the petition under section 34 before the concerned court or at the appellate stage. Thus the grounds of appeal which are now sought to be advanced were not originally raised in the arbitration petition and that the amendment that is sought to be effected is not even to the grounds contained in the application under section 34 but to the memo of appeal. In the circumstances, it cannot be said that discretion exercised by learned Single Judge in refusing to grant leave to appellant to amend the memorandum of arbitration appeal suffers from any illegality.
|