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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Gayatri Granite – Appellant
Versus
Srei Equipment Finance Ltd – Respondent
| Table of Content |
|---|
| 1. application under article 227 of the constitution. (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against amendment of statement of defence. (Para 5 , 6) |
| 3. analysis of section 23 of the arbitration and conciliation act. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. counterclaims in arbitration and limits of amendments. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. court's discretion in interfering with arbitral tribunal's decisions. (Para 26 , 27 , 28 , 29) |
| 6. final order dismissing the application. (Para 30 , 31) |
Judgment :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of the respondent in an Arbitration Proceeding being A.P. No. 146 of 2023 and is directed against an order dated June 26, 2025 passed by the learned arbitrator.
2. By the order impugned, the application for amendment of the Statement of Defence to introduce the prayer for counter claim stood rejected.
3. On an application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the “1996 Act”) being filed, a former Judge of this Hon’ble Court was appointed as the sole Arbitrator.
4. The opposite party herein fil
An amendment to introduce a counter claim in arbitration proceedings can be denied if filed after the closure of evidence, balancing the need for justice and procedural efficiency.
The withdrawal of an amendment application does not invalidate a previously filed counter claim that is included in the arbitration reference.
Counter-claims must be filed independently and cannot be included in an amendment application to a written statement.
Counter claims must be raised before issues are framed and within the limitation period, as per the Code of Civil Procedure and Limitation Act.
Amendment of pleadings after the commencement of the trial is not permissible unless the party can show that in spite of due diligence, the matter could not have been raised before the commencement o....
The rejection of amendment applications in arbitration proceedings based on delay is not an interim award and cannot be challenged under Section 34 of the Arbitration and Conciliation Act.
The limitation period for arbitration claims commences from the date of the Cure Notice, and claims not filed within three years are barred, affirming the arbitrator's findings.
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