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SUPREME COURT OF INDIA
BHARAT COKING COAL LIMITED
Versus.
Raj Kishore Singh
Decided on May 5, 2000
Amendment - Arbitration Act, 1940 - The court disallowed the amendment of an application under Section 20 of the Arbitration Act, 1940, citing a previous decision and setting aside the order granting the amendment.
Fact of the Case:
The court considered whether an amendment under O. 6, R. 17 of the Code of Civil Procedure could be allowed in an application under Section 20 of the Arbitration Act, 1940, changing the nature of the dispute.
Finding of the Court:
The court found that such a claim could not be sustained based on a previous decision of the court, and therefore allowed the appeals, setting aside the order granting the amendment and the interim orders based on the amended petition.
Issues: The issue was whether an amendment under O. 6, R. 17 of the Code of Civil Procedure could be allowed in an application under Section 20 of the Arbitration Act, 1940, changing the nature of the dispute.
Ratio Decidendi: The court relied on a previous decision to conclude that such an amendment could not be allowed, leading to the decision to disallow the amendment and set aside the related orders.
Final Decision: The court allowed the appeals, set aside the order granting the amendment, and directed the maintenance of status quo regarding the property in question for eight weeks.
( 1 ) LEAVE granted.
( 2 ) WE have heard learned counsel for the appellant and learned counsel for respondent No. 1 who is the only contesting respondent-the original applicant under Section 20 of the Arbitration Act, 1940 finally in this appeal.
( 3 ) THE short question is whether in an application moved by respondent No. 1 under Section 20 of the Arbitration Act, 1940, amendment under O. 6, R. 17 of the Code of Civil Procedure could have been allowed and the nature of the dispute could have been changed drastically. Such a claim cannot be well-sustained in view of the decision of this Court in C. A. No. 63 of 1990 decided on 17-8-1999. Only on this short ground, the appeals are allowed. The order granting amendment of the application under Section 20 of the Arbitration Act, 1940 by the trial Court and as confirmed by the High Court by the impugned order are set aside. Consequently, further interim orders based on the amended petition passed by the trial Court under Section 20 of the Act would also fall through. However, at the request of learned counsel for respondent No. 1 - the original applicant it is directed that status quo as existing on spot regarding the property in question shall be maintained by both the sides for eight weeks to enable respondent No. 1, if so advised, to take appropriates steps as available to him under law. We make it clear we express no opinion on the merits of the controversy between the parties. Order accordingly.
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