Moushumi Bhattacharya,J. - (1.) This is an application for amending the grounds of challenge in an application under Section 34 of The Arbitration and Conciliation Act, 1996 (the Act). The impugned Award dated 30th July, 2018 was passed by a learned Sole Arbitrator allowing some of the claims filed by the claimant (respondent before this court) in relation to termination of a dealership executed between the respondent herein and the petitioner Indian Oil Corporation Limited.
(2.) According to the petitioner, the application for amendment should be allowed since the proposed grounds contained in the Schedule to the application, were urged by the petitioner before the Arbitrator.
(3.) Mr. Jishnu Saha, learned senior counsel appearing for the petitioner-Indian Oil Corporation Limited, submits that the new grounds pertain to the Marketing Discipline Guidelines for certain types of dealerships of Indian Oil Corporation Limited, which provides for the remedies available to a dealer in the event of termination of the dealership. Counsel submits that the grounds pertaining to the Guidelines were missed out through inadvertence in the application challenging the impugned Award. Counsel submits that the issues framed by the Arbitrator in the impugned Award would show that the petitioner had urged the new grounds in the arbitration proceedings. Counsel relies on Fiza Developers & Inter-Trade Pvt. Ltd. vs AMCI (INDIA) Pvt. Ltd. & Anr , 2009 17 SCC 796 on the proposition that an award may be set aside by a court on its own initiative if the subject-matter of the dispute is not arbitrable or the Award is in conflict with the public policy of India. Counsel relies on State of Maharashtra vs. Hindustan Construction Company Limited , 2010 4 SCC 518 on the point that court can grant leave to amend an application under Section 34 if the circumstances of the case so warrant. Venture Global Engineering vs Satyam Computer Services Limited and Another , 2010 8 SCC 660 has been shown to urge that facts disclosed after passing of the Award may be brought on record as grounds if such facts have a positive link with the facts constituting the Award. Emkay Global Financial Services Limited vs Girdhar Sondhi , 2018 9 SCC 49 has been relied upon on the point that if there are matters which are relevant for determination of issues arising under Section 34 and which were not before the Arbitrator, such matters can be brought to the notice of the court.;