(SCSuppl)2011(3)CHN47, (2010)3CompLJ673(SC), JT2010(8)SC583, (2010)8SCC660, [2010]9SCR858, AIR2010SC3371, 2010(6)ALD15(SC), 2011 (86) ALR 775, 2010(6)ALT50, 2010 6 AWC5643SC

Whether the award will be set aside or not is a different question and that has to be decided by the appropriate Court. In this appeal, this Court is concerned only with the question whether by allowing the amendment, as prayed for by the appellant, the Court will allow material facts to be brought on record in the pending setting aside proceeding.  Judging the case from this angle, this Court is of the opinion that in the interest of justice and considering the fairness of procedure, the Court should allow the appellant to bring those materials on record as those materials are not wholly irrelevant or they may have a bearing on the appellant’s plea for setting aside the award.  Nothing said in this judgment will be construed as even remotely expressing any opinion on the legality 29of the award. That question will be decided by the Court where setting aside proceeding is pending. The proceeding for setting aside the award may be disposed of as early as possible, preferably within 4 months. For the reasons aforesaid, this appeal succeeds. The order of the High Court is set aside and that of the court below is restored. No order as to costs.

Arbitration and Concilation Act, 1996