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Supreme Court Of India

Hon'ble Judge(s): R. V. Raveendran, R. M. Lodha , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.37, S.34— Appeal against order refusing to set aside award - Amendment in memo of appeal - Not absolutely barred after expiry of limitation fixed u/S.34(3) - Court may allow amendment if required in interest of justice. Civil P.C. (5 of 1908) , O.6 R.17, O.41 R.2, O.41 R.3— The application for setting aside an arbitral award u/S. 34 of 1996 Act has to be made within time prescribed under sub-section (3) i.e., within three months and a further period of thirty days on sufficient cause being shown and not thereafter. If incorporation of additional grounds by way of amendment in the application u/S. 34 is to be taken to tantamount to filing a fresh application in all situations and circumstances, no amendment in the application for setting aside the award howsoever material or relevant it may be for consideration by the Court can be added nor existing ground amended after the prescribed period of limitation has expired although application for setting aside the arbitral award has been made in time. This is not and could not have been the intention of legislature while enacting S. 34. Moreso, S. 34(2)(b) enables the Court to set aside the arbitral award if it finds that subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force or the arb....