The High Court of Delhi through its judgment dated 01.07.2025 in Raheja Developers Limited v. Ahluwalia Contractors India Ltd.1 held that an application to amend a petition under Section 34 of the Arbitration and Conciliation Act ("A&C Act") is permissible once the original filing is found to be within the prescribed limitation period, however if the amendment is intended to regularise an otherwise non est filing, the same may not be permissible.
In the present case, Raheja Developers Ltd. ("Raheja") filed an application to add new grounds and documents. Raheja argued that the proposed amendment raises a purely legal ground pertaining to lack of inherent jurisdiction of the arbitral tribunal ("AT") to pass the award. Further, the plea of inherent jurisdiction of AT being functus officio at the time of passing of award can be taken at any stage of proceedings.
The High Court relied on the judgment of the Supreme Court in State of Maharashtra v. Hindustan Construction2 wherein the Supreme Court held that if the foundational pleadings for a ground sought to be amended do exist in the original petition, the grounds based on such pleadings can be incorporated by way of the amendment. The High Court held that amendment sought by way of present are purely legal in nature supported by the foundational facts pleaded in Section 34 petition. Thus, High Court allowed the amendment sought by Raheja.
Footnotes
1. O.M.P. (COMM) 415/2024 in I.A. 44283/2024.
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