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2017 Supreme(Bom) 40

ANOOP V.MOHTA, P.R.BORA
Raghuvir Cotton Ginning & Pressing Pvt. Ltd. – Appellant
Versus
Vijay Cotton & Fibre Co. – Respondent


Advocates Appeared:
For the Appellants : Mr. Shaunak Thakkar and Rinku Valanju.
For the Respondents: Mr. Simil Purohit and M/s. Purohit & Co.

JUDGMENT :

ANOOP V. MOHTA, J.

1. Heard finally, by consent of the parties.

2. The Appellant has filed the present Appeal under Section 37 of the Arbitration and Conciliation (Amendment) Act, 2015, (for short, “The Arbitration (Amendment) Act”) whereby, the challenge is raised to order dated 6th October 2016, passed by the learned Single Judge, whereby the Chamber Summons for amendments to the Arbitration Petition filed under section 34 of the Arbitration Act, was rejected. The main Petition is pending for final adjudication.

3. A preliminary objection raised by the learned Counsel appearing for the Respondent referring to Section 37 of Arbitration (Amendment) Act and submitted that under the scheme, except the grounds/reasons so mentioned, no such Appeal is maintainable.

4. The learned Counsel appearing for the Appellant relied upon the Supreme Court Judgment in case of State of Maharashtra vs. Hindustan Construction Company Limited, (2010) 4 SCC 518, whereby while dealing with the aspect of amendment to add the additional grounds within prescribed period, in application under section 34 and/or memo of Appeal under section 37, the Supreme Court has observed as under:

“Whether incorporati











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