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2023 Supreme(Bom) 632

MANISH PITALE
Kavis Fashions Private Limited – Appellant
Versus
Dimple Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shyam Mehta, Senior Advocate a/w. Mr. Bhavik Manek and Mr. Shehzad A.K. Najam-es-sani i/b. Maneksha & Sethna
For the Respondent:Mr. S. U. Kamdar, Senior Advocate a/w. Mr. Indranil Deshmukh, Mr. Vineet Unnikrishnan, Ms. Samhita Mehra, Ms. Vaidehi Chande i/b. Cyril Amarchand Mangaldas

ORDER :

The petitioner is aggrieved by award dated 19.03.2014, passed by an arbitral tribunal constituted for resolving the disputes between the parties. The challenge to the said award in the present petition was amended to add further specific grounds of challenge in the light of an order passed by the arbitral tribunal on an amendment application in pursuance of an order dated 11.03.2019 passed by this Court (Coram: S. C. Gupte, J.), whereby power under Section 34(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Arbitration Act’) was exercised for the tribunal to eliminate certain grounds raised on behalf of the petitioner for setting aside the arbitral award. As a consequence, the learned counsel for the parties addressed this Court, on the aspect of amendment of the statement of claim as sought by the petitioner and also on the merits of the matter. According to the petitioner, if this Court accepts its contentions on the aspect of the amendment of the claim being rejected by the tribunal, the impugned award would have to be set aside only on that count, without the necessity of entering into the merits of the matter. But, this Court thought it

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