w w w . L a w y e r S e r v i c e s . i n



Prakash Industries Limited. v/s Bengal Energy Limited. & Another


Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- BENGAL ENERGY LIMITED [Active] CIN = U10100WB2007PLC115887

Company & Directors' Information:- PRAKASH INDUSTRIES LIMITED [Active] CIN = L27109HR1980PLC010724

Company & Directors' Information:- T T G INDUSTRIES LIMITED [Active] CIN = U27209TN1987PLC014169

Company & Directors' Information:- V I P INDUSTRIES LIMITED [Active] CIN = L25200MH1968PLC013914

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U14100DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U19111DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U74110DL1996PLC129067

Company & Directors' Information:- S R K INDUSTRIES LIMITED [Active] CIN = L17121MH1991PLC257750

Company & Directors' Information:- S R INDUSTRIES LTD [Active] CIN = L29246PB1989PLC009531

Company & Directors' Information:- F E INDUSTRIES PRIVATE LIMITED [Active] CIN = U36100PB2003PTC026482

Company & Directors' Information:- N K INDUSTRIES LIMITED [Active] CIN = L91110GJ1987PLC009905

Company & Directors' Information:- K L R INDUSTRIES LIMITED [Active] CIN = U28939TG2002PLC038416

Company & Directors' Information:- T S I INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U18101HR1997PTC034478

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- B L A INDUSTRIES PRIVATE LIMITED. [Active] CIN = U10200MH1964PTC162314

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- R B T INDUSTRIES LIMITED [Active] CIN = U24118UP1990PLC011820

Company & Directors' Information:- H G I INDUSTRIES LIMITED [Active] CIN = L40200WB1944PLC011754

Company & Directors' Information:- R P INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100GJ2011PTC075812

Company & Directors' Information:- D D INDUSTRIES LIMITED [Active] CIN = U74899DL1974PLC007169

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- A G INDUSTRIES PVT LTD [Active] CIN = U27300HR1991PTC031378

Company & Directors' Information:- H. J. INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060769

Company & Directors' Information:- U F M INDUSTRIES LIMITED [Active] CIN = L15311AS1986PLC002539

Company & Directors' Information:- G R S INDUSTRIES LIMITED [Active] CIN = U00000PB2005PLC029159

Company & Directors' Information:- T S L INDUSTRIES LIMITED [Active] CIN = L65999WB1994PLC065255

Company & Directors' Information:- M F B INDUSTRIES LIMITED [Active] CIN = U31401TN1989PLC018274

Company & Directors' Information:- A C M E INDUSTRIES LIMITED [Dormant under section 455] CIN = U19119DL1992PLC048914

Company & Directors' Information:- V S P INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011820

Company & Directors' Information:- M N INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100TG2012PTC079737

Company & Directors' Information:- G I INDUSTRIES PRIVATE LIMITED [Active] CIN = U15312PB2010PTC033806

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- E T C INDUSTRIES LIMITED [Active] CIN = U31200MP1995PLC009281

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U74899DL1991PTC045572

Company & Directors' Information:- E A P INDUSTRIES LTD [Active] CIN = U25206WB1956PLC023072

Company & Directors' Information:- S R V E INDUSTRIES LIMITED [Active] CIN = U03210TZ2006PLC012577

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- Z H INDUSTRIES PRIVATE LIMITED [Active] CIN = U45200DL2014PTC265453

Company & Directors' Information:- P AND P INDUSTRIES LIMITED [Strike Off] CIN = U21010MH1992PLC068885

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- S L INDUSTRIES P. LTD. [Active] CIN = U15331WB1989PTC047543

Company & Directors' Information:- AMP INDUSTRIES LIMITED [Active] CIN = L51909AS1985PLC002332

Company & Directors' Information:- T R A T INDUSTRIES LIMITED [Active] CIN = U25199KL1996PLC010148

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- H. V. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100DL2010PTC200428

Company & Directors' Information:- N M INDUSTRIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175664

Company & Directors' Information:- N R C INDUSTRIES LIMITED [Active] CIN = U51909PB1985PLC006558

Company & Directors' Information:- S N L INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U17115RJ1994PTC008053

Company & Directors' Information:- J V INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057081

Company & Directors' Information:- A R INDUSTRIES PVT LTD [Active] CIN = U27101HR1995PTC032569

Company & Directors' Information:- D V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049221

Company & Directors' Information:- G V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC006887

Company & Directors' Information:- C D INDUSTRIES LIMITED [Active] CIN = U27100MH1996PLC101277

Company & Directors' Information:- G V INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U74900TG2014PTC096387

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- B G INDUSTRIES LTD [Active] CIN = U26921ML1980PLC001830

Company & Directors' Information:- P K INDUSTRIES PRIVATE LIMITED [Active] CIN = U51900DL2012PTC241654

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- M D INDUSTRIES PRIVATE LIMITED [Active] CIN = U91110GJ1994PTC022025

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- R M G INDUSTRIES PRIVATE LIMITED [Active] CIN = U18100TG1993PTC016220

Company & Directors' Information:- G. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15435MH2005PTC151817

Company & Directors' Information:- I W D W INDUSTRIES LTD. [Strike Off] CIN = U30099WB1990PLC050177

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- P A S INDUSTRIES INDIA PRIVATE LIMITED [Active in Progress] CIN = U17121TZ2005PTC012171

Company & Directors' Information:- V AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039251

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- S S F INDUSTRIES LIMITED [Active] CIN = U25190BR1988PLC003160

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- R & M INDUSTRIES PRIVATE LIMITED [Active] CIN = U24297TN1972PTC006185

Company & Directors' Information:- A M INDUSTRIES LTD [Active] CIN = U21012WB1977PLC030854

Company & Directors' Information:- A AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17117DL1995PTC064137

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- H S INDUSTRIES PRIVATE LIMITED [Active] CIN = U23209MH2020PTC348174

Company & Directors' Information:- R. L. F. INDUSTRIES LIMITED [Active] CIN = U51909DL1983PLC015262

Company & Directors' Information:- U K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24241WB1988PTC044355

Company & Directors' Information:- M G I INDUSTRIES PVT LTD [Active] CIN = U27310GJ2006PTC048707

Company & Directors' Information:- A D INDUSTRIES PRIVATE LIMITED [Active] CIN = U18101WB2008PTC131561

Company & Directors' Information:- V J INDUSTRIES PRIVATE LIMITED [Active] CIN = U29253KA2009PTC050226

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PLC039217

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PTC039217

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- G R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300PB1996PTC018671

Company & Directors' Information:- M. K. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15549WB2008PTC130116

Company & Directors' Information:- R S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U52399MH2008PTC180489

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- D K INDUSTRIES LIMITED [Active] CIN = U45202CH1994PLC014627

Company & Directors' Information:- BENGAL INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC110177

Company & Directors' Information:- R K S INDUSTRIES PRIVATE LIMITED [Active] CIN = U20211WB1997PTC086009

Company & Directors' Information:- D G INDUSTRIES PVT LTD [Active] CIN = U36942WB1946PTC013526

Company & Directors' Information:- R I L INDUSTRIES PRIVATE LIMITED [Active] CIN = U70101DL1993PTC052678

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- B M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17000MH1997PTC109621

Company & Directors' Information:- H M B INDUSTRIES PVT LTD [Active] CIN = U24297GJ1996PTC070418

Company & Directors' Information:- A G B INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U21012TZ2008PTC014753

Company & Directors' Information:- K B R INDUSTRIES PRIVATE LIMITED [Active] CIN = U27107DL1996PTC079915

Company & Directors' Information:- R V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006398

Company & Directors' Information:- B N INDUSTRIES PRIVATE LIMITED [Active] CIN = U67120AS1994PTC004273

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- S. A. A INDUSTRIES PRIVATE LIMITED [Active] CIN = U01549TZ1997PTC007927

Company & Directors' Information:- K K S K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19201TZ1997PTC007687

Company & Directors' Information:- C R I INDUSTRIES PRIVATE LIMITED [Amalgamated] CIN = U29120TZ2002PTC010129

Company & Directors' Information:- A C T INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018724

Company & Directors' Information:- G B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29220PN2011PTC139883

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- M M INDUSTRIES PRIVATE LIMITED [Active] CIN = U31300CT2008PTC020916

Company & Directors' Information:- A C INDUSTRIES PVT LTD [Active] CIN = U29299WB2006PTC109474

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- K M INDUSTRIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1991PTC043295

Company & Directors' Information:- C J INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U25209MH1998PTC116707

Company & Directors' Information:- N P INDUSTRIES LTD [Strike Off] CIN = U15549PB1989PLC009426

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- I K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100MH2010PTC199474

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- R. D. G. INDUSTRIES PRIVATE LIMITED [Active] CIN = U26960DL2008PTC182480

Company & Directors' Information:- R B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U28999DL2008PTC177248

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- M J INDUSTRIES PRIVATE LIMITED [Active] CIN = U15203KA2011PTC060675

Company & Directors' Information:- B R V INDUSTRIES PRIVATE LIMITED [Active] CIN = U32301UP1995PTC018704

Company & Directors' Information:- A. G. INDUSTRIES LIMITED [Strike Off] CIN = U25201UP1994PLC017291

Company & Directors' Information:- B R INDUSTRIES LIMITED [Strike Off] CIN = U15204AS1993PLC003930

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- M R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC036443

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U15139JK2015PTC004570

Company & Directors' Information:- S N INDUSTRIES PRIVATE LIMITED [Active] CIN = U29211UP1951PTC002319

Company & Directors' Information:- K G INDUSTRIES PVT LTD [Active] CIN = U29130WB1951PTC019868

Company & Directors' Information:- N S INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120UP2012PTC053986

Company & Directors' Information:- W W I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29300MH1997PTC112589

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- B V R INDUSTRIES PRIVATE LIMITED [Active] CIN = U28999CT2020PTC010570

Company & Directors' Information:- S R P INDUSTRIES LIMITED [Amalgamated] CIN = U00061BR1984PLC002023

Company & Directors' Information:- C P INDUSTRIES PVT LTD [Strike Off] CIN = U29303MP1949PTC000846

Company & Directors' Information:- J B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH2013PTC245506

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- S J V INDUSTRIES LTD [Amalgamated] CIN = U15421WB1982PLC035521

Company & Directors' Information:- V V INDUSTRIES PVT LTD [Strike Off] CIN = U99999DL1980PTC010427

Company & Directors' Information:- K K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U65100DL1982PTC013046

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- A TO Z INDUSTRIES PVT LTD [Strike Off] CIN = U31908AS1987PTC002804

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- L K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291MH2012PTC233546

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- G S C INDUSTRIES PRIVATE LTD [Active] CIN = U92114DL1956PTC002616

Company & Directors' Information:- G G INDUSTRIES PRIVATE LIMITED [Active] CIN = U27320UP1969PTC003282

Company & Directors' Information:- K S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31909MH1960PTC011707

Company & Directors' Information:- N G C M (INDUSTRIES) LTD [Dissolved] CIN = U19209WB1979PLC032019

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- P R INDUSTRIES PVT LTD [Active] CIN = U21014DL1971PTC005738

Company & Directors' Information:- R K I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29190DL2012PTC233413

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- M S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U29309TN2020PTC138957

Company & Directors' Information:- R K INDUSTRIES PVT LTD [Strike Off] CIN = U25202AS1988PTC003132

Company & Directors' Information:- PRAKASH ENERGY PRIVATE LIMITED [Strike Off] CIN = U85190DL1996PTC082306

Company & Directors' Information:- INDUSTRIES CORPN OF BENGAL LTD [Strike Off] CIN = U17111WB1940PLC010029

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- S G R INDUSTRIES PVT LTD [Strike Off] CIN = U25199WB1948PTC016397

Company & Directors' Information:- G K S INDUSTRIES PVT LTD [Strike Off] CIN = U24119OR1982PTC001128

Company & Directors' Information:- B M K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17100MH1948PTC006398

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- K R INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U25190KA2012PTC062367

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- T C G INDUSTRIES PRIVATE LIMITED [Converted to LLP] CIN = U13200MH1958PTC011079

Company & Directors' Information:- Y K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19115UP2012PTC051151

Company & Directors' Information:- E S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999TN2012PTC086119

Company & Directors' Information:- I B INDUSTRIES LTD. [Strike Off] CIN = U28992WB1990PLC050469

Company & Directors' Information:- V I INDUSTRIES LTD [Strike Off] CIN = U36934WB1951PLC019890

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- J M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U05002UP1952PTC002456

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- L F INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291UP2015PTC068602

Company & Directors' Information:- A K S INDUSTRIES PVT LTD [Active] CIN = U27201WB1946PTC013433

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- V M V INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U26990GJ2013PTC076945

Company & Directors' Information:- PRAKASH INDUSTRIES LIMITED [Strike Off] CIN = U99999KA1947PLC001035

Company & Directors' Information:- S K INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U29248PN1948PLC001948

Company & Directors' Information:- S P INDUSTRIES PVT LTD [Strike Off] CIN = U20232AS1980PTC001853

Company & Directors' Information:- V N R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U21090AP2012PTC081525

Company & Directors' Information:- A K INDUSTRIES PVT LTD [Active] CIN = U51109WB1944PTC011764

Company & Directors' Information:- K INDUSTRIES PVT LTD [Strike Off] CIN = U99999KA1946PTC000938

Company & Directors' Information:- G I P INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U52605MH2015PTC263962

Company & Directors' Information:- C. L. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27109RJ2014PTC045306

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- R. A. M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2014PTC254820

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- S. B. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC144181

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- A & P INDUSTRIES PRIVATE LIMITED [Active] CIN = U36935TG2014PTC095781

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- C & N INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U40200TG2014PTC095187

Company & Directors' Information:- B S B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U45200TG2013PTC088059

Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- R D M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31100DL2013PTC252294

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

Company & Directors' Information:- V. A. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U18209DL2020PTC369202

Company & Directors' Information:- U K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U21094DL2020PTC370720

Company & Directors' Information:- I N C INDUSTRIES PRIVATE LIMITED [Active] CIN = U74999MH2020PTC350470

Company & Directors' Information:- S V INDUSTRIES PVT LTD [Strike Off] CIN = U27104WB1960PTC024715

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

Company & Directors' Information:- B P K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1960PTC011841

Company & Directors' Information:- T & M INDUSTRIES LIMITED [Liquidated] CIN = U99999TN1956PLC002904

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- M A INDUSTRIES PVT LTD [Strike Off] CIN = U15412WB1950PTC019030

Company & Directors' Information:- PRAKASH & CO PVT LTD [Strike Off] CIN = U51909WB1938PTC009417

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200BR1946PTC000035

Company & Directors' Information:- PRAKASH INDUSTRIES PRIVATE LIMITED [Dissolved] CIN = U74900KL1950PTC000938

Company & Directors' Information:- S PRAKASH AND COMPANY LIMITED [Dissolved] CIN = U99999MH1938PTC002840

Company & Directors' Information:- K INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1946PTC005438

Company & Directors' Information:- PRAKASH INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1947PLC005948

Company & Directors' Information:- B M K INDUSTRIES PVT LTD [Active] CIN = U99999MH1948PTC006393

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Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U15142PN1948PTC006932

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    G.A. No. 394 of 2020 with A.P. No. 684 of 2017

    Decided On, 11 June 2020

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MS. JUSTICE MOUSHUMI BHATTACHARYA

    For the Petitioner: Abhrajit Mitra, Sr. Advocate, Paushali Banerjee, Aritra Basu, Advocates. For the Respondent: S.N. Mookherjee, Lopita Banerji, Urmila Chakraborty, Aasish Chowdhury, Aindrila Basu, Advocates.



Judgment Text


1. This application has been filed by the petitioner for amendment of the grounds contained in an application under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act). The arbitration petition is for setting aside of an Arbitral Award dated 31st March, 2017 passed by a Tribunal consisting of three Arbitrators and was filed within the statutory period prescribed under Section 34(3) of the Act. The petitioner seeks to amend certain grounds contained in the arbitration petition by way of what the petitioner claims to be “amplification” of the grounds already existing in the arbitration petition.

2. Mr. Abhrajit Mitra, learned Senior Counsel appearing for the petitioner, seeks to explain the reason for filing the application. Counsel submits that the petitioner engaged the present set of lawyers a month after filing of the arbitration petition and it is only upon receiving the arbitration petition as filed, that it was discovered that the grounds in support of the arbitration petition have not been amplified. Counsel submits that the grounds, which are sought to be brought in by way of the present amendment, have been taken by way of abundant caution and would not change the nature and character of the present petition. Counsel relies on Fiza Developers and Inter-Trade Private Limited Vs. AMCI (India) Private Limited reported in (2009) 17 SCC 796, Venture Global Engineering Vs. Satyam Computer Services Ltd. reported in (2010) 8 SCC 660, Emkay Global Financial Services Limited Vs. Girdhar Sondhi reported in (2018) 9 SCC 49 and State of Maharashtra Vs. Hindustan Construction Company Limited reported in (2010) 4 SCC 518, as instances where the court in Section 34 applications, allowed the grounds to be amended after taking into account all relevant considerations.

3. Mr. S.N. Mookherjee, learned Senior Counsel appearing for the respondent/award holder opposes the application on the legislative intent behind prescribing specific timelines under Section 34(3) of the Act. Counsel submits that if a petitioner in a Section 34 application is permitted to amend the grounds contained in the said petition, there would be no end to litigation and the object behind prescribing a cut-off period for filing under Section 34 sub-section(3) would be defeated. Counsel opposes the grounds, now sought to be brought in by the petitioner, as being completely new, which would change the very nature of the arbitration petition and are by no means amplification of the existing grounds as has been contended on behalf of the petitioner. It is submitted that amendments may be allowed only to a limited extent where the arbitration petition already contains the basic grounds of challenge which are sought to be elaborated or amplified and that the present application is not such a case. Counsel relies on Bijendra Nath Srivastava (Dead) Vs. Mayank Srivastava reported in (1994) 6 SCC 117 and Vastu Invest & Holdings Pvt. Ltd, Mumbai Vs. Gujarat Lease Financing Ltd., Mumbai reported in (2001) 2 Mah LJ 565/ (2001) 2 Arb LR 315 to show that amendments for introducing new grounds will not be permitted in a section 34 application.

4. The issue in controversy is required to be examined at two levels. The first relates to the permissible range of an amendment. The second is whether the amendment can be comfortably fitted into the schematic arrangement of the tiers of challenge under section 34 of the 1996 Act.

5. First, whether the proposed amendments can pass muster under the relevant provisions of the CPC. The undisputed legal position is that an amendment which changes the nature and character of the original pleading cannot be permitted. Order VI Rule 17 of The Code of Civil Procedure, 1908 (the CPC) prescribes when and till what time amendments can be allowed and provides for;

“Order VI Rule 17. Amendment of pleadings.- The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”

6. On a comparison between the existing grounds in the arbitration petition and those that are part of the application for amendment, it is found that there are 30 grounds in the existing arbitration petition which are concerned with the Award being opposed to public policy, bias, unequal treatment of the parties, unfairness of procedure, disregard of the provisions of the 1996 Act, breach of the principles of natural justice and material illegality. The petitioner now seeks to bring in an additional 26 grounds in support of the contention that the Arbitral Tribunal has not taken various provisions of the Sale of Goods Act, 1930, into account and certain related propositions which are based on decisions of the Supreme Court. The petitioner also seeks to challenge the Award as being contrary to binding judicial precedents and the public policy of India as well as the fundamental policy of Indian law. The new grounds assail the Award as being perverse for not taking into consideration the material on record. The grounds of “perversity” and “shocking the conscience of the court” have been rolled into one while the Award being contrary to the public policy of India, fundamental policy of Indian law and against binding precedence are urged in individual grounds. Ground Nos. IA to IR (18 grounds) deal with the Sale of Goods Act and decisions of the Supreme Court on awarding of damages.

7. On the issue whether the new grounds would change the nature and character of the existing arbitration petition, it appears that none of the grounds pertaining to the Sale of Goods Act or the quantum of damages had been taken earlier. Of the existing grounds, a predominant emphasis has been given on the bias of the Arbitral Tribunal manifested in vitiating the procedure and not treating the parties on an equal footing. The petitioner has however covered the ground of the Award being opposed to public policy and being contrary to the provisions of the 1996 Act, as well as being in violation of the principles of natural justice and suffering from material illegality in grounds I, XIV, XIX and XX of the existing petition. The provisions of the Sale of Goods Act and related case law and quantum of damages are new grounds which cannot be traced in any of the existing grounds as contained in the arbitration petition.

8. The next issue is whether the proposed amendments can be unobtrusively placed in the statutory scheme contemplated under section 34 of The Arbitration and Conciliation Act, 1996. Section 34 provides for a two-pronged recourse to a party for setting aside an Award. Under 34 (2)(a), a party can challenge an award primarily on procedural lapses, including absence of an equal opportunity to a party to present its case, lack of proper notice or the composition of the arbitral tribunal being contrary to the agreement etc. (34 (2) (i), (iii), (v)). The other two sub-clauses deal with an arbitration agreement being invalid and decisions being made outside the scope of reference (34 (2) (ii), (iv)). This part is subject to the following conditions;

34. (2) An arbitral award may be set aside by the Court only if –

(a) the party making the application furnishes proof that -

(i) a party was under some incapacity; or

(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or

(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration; or

................

(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part;”

9. The bulk of the matters involving a challenge to an award however falls within 34 (2)(b) and 34 (2-A) on the grounds that the subject matter of the dispute is not capable of settlement by arbitration under the existing law (34 (2)(b)(i)) or if the Award is found to be in conflict with public policy of India (34 (2)(b)(ii)) or found to be vitiated by patent illegality appearing on the face of the Award (34 (2-A)). The conflict with the public policy of India has been clarified to apply only to the three sub-clauses to Explanation 1 to 34 (2) (b) (ii) pertaining to the award being induced by fraud or corruption or against sections 75 or 81, is in contravention of the fundamental policy of Indian law, or is in conflict with the most basis notions of morality or justice (sub-clauses (i), (ii), (iii), used disjunctively). 34 (2) ends with Explanation 2 qualifying that the test of fundamental policy of Indian law shall exclude a review on the merits of the dispute. A similar curb on re-appreciation of evidence is found in the proviso to 34 (2-A).

10. As opposed to Section 34(2)(a), which starts with “…….the party making the application establishes on the basis of the record…………..”, the mantle shifts to the court in Section 34(2)(b)); “an Arbitral Award may be set aside……….if the court finds that” repeated as “……….may also set aside by the court, if the court finds that the Award is vitiated by patent illegality appearing on the face of the Award” in 34(2-A). The onus on the court to test the legality of the Award against the two clauses of 34(2)(b) is further clarified by the sub-clauses to Explanation 1. The shift from “the party” to “the court” in 34(2-A) for the ground of patent illegality was inserted by the 2015 Amendment. The question which would then naturally arise is whether anything turns on the burden being shifted to the court for putting an Award through the test of public policy and patent illegality? A probable answer could be the shift of emphasis from the procedural infirmities in the making of the award which only a participant in the arbitration can prove to the more fundamental questions of law and public policy which a court is equipped to enquire into. But the legislative intent underlying the transfer of burden from a party to the court is not the focus here; the nub of the matter is whether a party who seeks to enlarge the scope of challenge to an award by adding to the grounds (already filed within the statutory time-frame) is impacted by the baton being handed over to the Court from section 34 (2) (b) onwards.

11. The test whether an amendment is permissible or not, as held in the decisions cited by counsel, is whether the proposed amendments would warrant a fresh application under Section 34. This means that the grounds which are sought to be brought in by way of an amendment would necessarily be new and independent grounds without having a foundation in the original Section 34 application. This also means that each case must be decided on the nature of the amendments.

12. In the present case, the existing grounds for challenging the impugned Award is of the Award being opposed to public policy (ground I); that the Award suffers from material irregularity and bias (ground II); has failed to treat the parties equally (ground IV); is in disregard of public policy of India and the provisions of the 1996 Act (grounds XII and XIV); is in violation of principles of natural justice (ground XIV); the Arbitrator has gone beyond the scope of reference (ground XXIV) and has failed to appreciate the provisions of Section 34 (grounds XIV – XXVI). A few of the proposed amendments are that the Arbitral Tribunal erroneously applied the provisions of the Sale of Goods Act, 1930 and erred in concluding that the respondent no.1 is entitled to recover damages for loss suffered under section 55 of the said Act (grounds IC and ID). A related ground is that the Tribunal should have considered the effect of a notice for resale of perishable goods not being served on the respondent to recover damages against the petitioner (ground IQ). Grounds IX and IZ relate to the Award being “judicially perverse” and contrary to the public policy of India and the fundamental policy of Indian law. The other grounds sought to be brought in relate to the Tribunal failing to appreciate that the property in the goods can only pass after the respondent no.1 is in receipt of full payment for the said goods. The remaining grounds relate to various decisions of the Supreme Court on the application of the Sale of Goods Act and that appropriate reasons must be given for quantification and awarding of a claim for damages.

13. On perusing the Grounds, it is apparent that the petitioner seeks to bring in grounds relating to the Tribunal not taking into account the relevant provisions of the Sale of Goods Act and the factual dispute between the parties as to whether the respondent no.1 was entitled to claim and recover damages as an unpaid seller against the petitioner under the said Act. The ground of perversity and the Award being opposed to the public policy of India are also part of the proposed amendments. If the existing grounds and the proposed amendments are compared, it would be clear that the grounds pertaining to the Sale of Goods Act do not have a foundation in the section 34 application already filed. However, the grounds pertaining to a pure question of law is really not necessary to be taken as a legal argument and can be made by a party during the course of the submissions before a court; Order XLI Rule 1(2) and Rule 2 of the CPC (Form of Appeal-What to accompany Memorandum and Grounds which may be taken in appeal) may be referred to in this context.

14. While section 34 of the 1996 Act curtails the scope of judicial intervention by prefacing the grounds with the use of the words “..........may be made only by..............”, “............only if..............”, etc., the section also allows sufficient breadth of interpretation under the ground of public policy of India. Although, Explanation 1 clarifies the expression “in conflict with the public policy of India” in the form of the three sub-clauses, the words “in contravention with the fundamental policy of Indian law” again opens the gates in terms of interpretation of any law forming part of the body of laws governing the Indian system of jurisprudence at a given point of time. Therefore, the petitioner’s ground of the Award failing to consider the provisions of the Sale of Goods Act would be covered under public policy of India which has already been taken in Ground I of the existing grounds. It may fairly be assumed that the petitioner not only has the liberty of urging the legal position under the Sale of Goods Act but also the case-laws which are the subject matter of the amendments. The blanket ground of the Tribunal failing to appreciate the provisions of section 34 of the 1996 Act will also permit the petitioner to argue on the entirety of section 34 and the various sub-heads under it on the planks of challenge to the Award. “Perversity” (proposed ground XIV) would be open for arguments to the petitioner in all its ramifications for similar reasons. The construction proposed by the petitioner that a court must independently examine an Award to decide whether the Award should be set aside or not even if there is no contest to the section 34 application on the strength of the expression “if the court finds” would mean that enumerating the grounds for challenge in a section 34 becomes unnecessary as long as the court trains its lens to scour the sustainability of the Award and decides accordingly. In other words, amendment of the grounds, in appropriate cases, would not be necessary at all. This in turn would stretch the construction of 34(2)(b) and 34(2-A) only to snap at the point of what is reasonable and what is not.

15. Now to the case-law. The decisions cited by counsel can be divided into those where amendment was allowed and those where it was rejected. The nature of the amendment or what was proposed to be brought in was a crucial consideration for deciding for/against allowing the amendment. In Venture Global, the Supreme Court allowed material facts pertaining to fraud to be brought in as a relevant ground for setting aside the award; Fiza Developers was concerned with framing of issues in an application under section 34 which the Supreme Court found not to be an integral part of the section 34 proceedings. The principle enunciated in Fiza Developers was approved in Emkay Global where the Supreme Court reiterated that framing of issues would impede the summary nature of a proceeding under section 34 of the Act and in Bijendra Nath Srivastava, the amendments were disallowed on the ground that the facts brought in were not ‘material particulars’ of what had already been pleaded in the original objection as envisaged under Order VI Rule 4 of the CPC.

16. Fiza Developers considered the necessity of framing of issues in a proceeding under Section 34. The Supreme Court was of the view that the scope of inquiry in such a proceeding is restricted to a consideration of the existence of any one of the grounds mentioned in Section 34(2) for setting aside the Award. Considering the summary nature of the proceedings under Section 34, the Court held that an exercise to frame issues would only delay the proceedings. The Supreme Court also held that unlike a regular civil suit where a court can pronounce judgment even in the absence of a defence, in an application under Section 34, the court cannot set aside the Award only on the basis of the averments contained in the application. The relevant part of the decision is set out below;

“But in an application under Section 34, even if there is no contest, the court cannot, on the basis of the averments contained in the application, set aside the award. Whether there is contest or not, the applicant has to prove one of the grounds set out in Sections 34(2)(a) and (b). Even if the applicant does not rely upon the grounds under clause (b), the court, on its own initiative, may examine the award to find out whether it is liable to be set aside on either of the two grounds mentioned in Section 34(2)(b).”

Fiza was approved in Emkay in which the Supreme Court took note of the object of the 1996 Act for speedy resolution of arbitral disputes and clarified that an application under Section 34 will not “ordinarily” require anything beyond the record of what was before the Arbitrator and anything which was not contained in such record but is relevant for the adjudication of the issues arising in the application under 34, may be brought to the notice of the court by way of affidavits. Both Fiza and Emkay noticed the framing of 34(2)(b) and 34(2)(a) through the words “if the court finds” – as discussed above.

17. The prayer for amendment was rejected by the Supreme Court in Hindustan Construction (cited by both parties) as the grounds were found to be new without having a foundation in the application for setting aside. Hindustan Construction was a case concerning an amendment for bringing in additional grounds of the Arbitral Tribunal exceeding its jurisdiction in awarding a percentage for hidden expenses and committing an error of jurisdiction in granting the claim pertaining to revision of rate, etc. The Supreme Court gave an expansive construction in favour of allowing amendments in applications under Section 34 for incorporation of additional grounds and held that leave to amend an application can be granted in “very peculiar circumstances” if the court finds that such liberty is required to be given in the interest of justice. Relying on L.J. Leach & Co. Ltd. vs. Jardine Skinner & Co. (AIR 1957 SC 357) and Pirgonda Hongonda Patil vs. Kalgonda Shidgonda Patil (AIR 1957 SC 363), the Court reiterated that although amendments, where a fresh suit on the amended claim would be barred by limitation, would be declined as a matter of rule, this would not affect the court’s power to allow amendment if required in the interests of justice. The Supreme Court was also of the view that the principle of Leach vs. Skinner would apply to an application for amendment of the grounds in a setting aside application. Most significantly, in Hindustan Construction, the Court considered the relevance of Vastu Invest and Bijendra Nath Srivastava, (both cited on behalf of the respondent) and held that the dictum in Vastu was not intended to lay down an absolute rule that amendment would not be allowed in any applicat

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ion for setting aside of an Arbitral Award after expiry of the period of limitation provided under 34(3). The Supreme Court explained the decision in Bijendra Nath Srivastava as calling for a sound exercise of judicial discretion keeping in view the distinction between amendments which are permissible and those which are not. 18. It should be reiterated that although Hindustan Construction spoke in favour of an expansive view of amendments in the interest of justice, the proposed amendments in that decision were ultimately disallowed since they were found to constitute new grounds which did not have a foundation in the original application. In the present case, the grounds relating to the Sale of Goods Act cannot be traced to the existing grounds and would therefore constitute new grounds in that sense (as opposed to Venture Global, where subsequent facts, disclosed after the passing of the Award, were allowed as having a causative link with the facts, constituting the Award). In the considered view of this court, the test for allowing or rejecting an amendment to existing grounds in an Arbitration Petition is whether the proposed grounds would necessitate filing of a fresh application for setting aside of the Award. As several of the new grounds also do not have a foundational basis in the existing petition, the petitioner cannot enter through the ‘amplification’ route as has been contended and if the amplification recourse fails, the petitioner has no other statutory cushion to fall back on under the existing law. 19. In the present case, the grounds relating to the provisions of the Sale of Goods Act and related grounds concerning the issues of damages are new grounds which would take the application for amendment outside the purview of “amplification” of the existing grounds as contended by the petitioner. Since this Court is inclined to follow the dictum of Fiza and Emkay in that an application for setting aside will ordinarily not require anything beyond the record of what was before the Arbitrator, the present amendment is not one which should be permitted. For the above discussion and reasons, G.A. 394 of 2020 is dismissed without any order as to costs. Urgent Photostat certified copy of this Judgment, if applied for, be supplied to the parties upon compliance of all requisite formalities.
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