VIGYASHREE INFRASTRUCTURE LTD. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant is before this Court assailing the Order dated 22.10.2018, passed by the High Court of Madhya Pradesh, Jabalpur. By the said Order, the Division Bench of the High Court of Madhya Pradesh has set aside the Order dated 18.01.2018, passed by the Arbitral Tribunal (in short 'the Tribunal', Bhopal in R.P. No. 106/2015, allowing the application filed by the appellant under Order 6 Rule 17 of Code of Civil Procedure (in short 'CPC'), seeking to amend the claim petition and include the additional amount of Rs. 1,67,000/- (Rupees One Lakh Sixty Seven Thousand Only), which was deposited as an FDR and has been invoked by the respondents herein, which with interest and the other amount demanded through letter dated 01.01.2016 would be payable by the respondent.

(3.) The Tribunal, having taken note that the claim made by the appellant had arisen subsequent to the dispute being referred to arbitration, has allowed the application. The High Court, while reversing the Order has essentially gone into the aspect of the power of the Tribunal to allow such application, keeping in view the inherent power, that is contemplated under the Code of Civil Procedure, vis-a-vis, Section 17A of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam Act, 1983 (in short 'the Act').