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 appellan..

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

In light of the discussions made above we find the impugned order of the Bombay High Court unsustainable. The High Court was clearly in error not correctly following the decision of this Court in Tecco Trichy Engineers & Contractors and in tak..

In light of the discussions made above we find the impugned order of the Bombay High Court unsustainable. The High Court was clearly in error not correctly following the decision of this Court in Tecco Trichy Engineers & Contractors and in taking a contrary view. The High Court overlooked that what section 31(5) contemplates is not merely the delivery of any kind of a copy of the award but a copy of the award that is duly signed by the members of the arbitral tribunal. In the facts of the case the appellants would appear to be deriving undue advantage due to the omission of the arbitrator to give them a signed copy of the award coupled with the supply of a copy of the award to them by the claimant-respondent but that would not change the legal position and it would be wrong to tailor the law according to the facts of a particular case. In the light of the discussion made above this appeal must succeed. We, accordingly, set aside the judgments and orders passed by the Bombay High Court and the Principal District Judge, Latur. The application made by the appellants under section 34 of the Act is restored before the Principal District Judge, Latur, who shall now proceed to hear the parties on merits and pass an order on the application in accordance with law. Since the 1matter is quite old, it is hoped and expected that the Principal District Judgewill dispose this matter preferably within 6 months from the date of receipt of this order. 

Held, it was not disputed that there was a legal relationship between the parties of a long standing - Section 44 of the Indian Arbitration Act, 1996 applies to arbitral awards of differences between persons arising out of legal proceedings - Such..

Held, it was not disputed that there was a legal relationship between the parties of a long standing - Section 44 of the Indian Arbitration Act, 1996 applies to arbitral awards of differences between persons arising out of legal proceedings - Such a relationship may be contractual or not, so long it is considered as commercial under the laws in force in India - Further, that legal relationship must be in pursuance of an agreement, in writing, for arbitration, to which the New York Convention applies - Court can decline to make a reference to arbitration in case it finds that the arbitration agreement is null and void, inoperative or incapable of being performed - There were no pleadings to that effect in the plaint - Daman Trial Court findings that the contract was null and void and not based on free consent were rendered in the absence of relevant pleadings - Before the present Court it was not pleaded that the arbitration agreement was without free consent, or had been procured by coercion, undue influence, fraud, misrepresentation or was signed under a mistake - In other words, it was not claimed that the agreement was null and void, inoperative and incapable of being performed as it violated any of the provisions under Sections 14, 15, 16, 17, 18, 19, 19A and 20 of the Indian Contract Act, 1872 - Submission was that the matter cannot be referred to arbitration as the IPLA, containing the arbitration clause/agreement, was not a concluded contract - This would not fall within the parameters of an agreement being "null and void, inoperative or incapable of being performed", in terms of Sections 14, 15, 16, 17, 18, 19 and 20 of the Indian Contract Act, 1872 - These provisions set out the impediments, infirmities or eventualities that would render a particular provision of a contract or the whole contract void or voidable -