Supreme CourtDivision Bench(2000) 05 SC CK 0043

Bharat Coking Coal Ltd. vs Raj Kishore Singh and Another

Supreme Court Of India · Decided on 5 May 2000 · Citation: AIR 2000 SC 3577 : (2000) AIRSCW 3738 : (2000) AIRSCW 3737 : (2000) 8 JT 268 : (2001) 1 MLJ 10 : (2000) 9 SCC 174 : (2000) 7 Supreme 79 : (2000) 7 Supreme 70

HON’BLE JUDGES
Y. K. Sabharwal, J · S. B. Majmudar, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No''s. 3238-3339 of 2000 (arising out of S.L.P. (C) No''s. 7041-7042 of 2000)

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Judgment

3 paragraphs · 258 words

S.B. Majmudar, J.—Leave granted.

2.

We have heard learned Counsel for the appellant and learned Counsel for respondent No. 1 who is the only contesting respondent - the original applicant u/s 20 of the Arbitration Act, 1940 finally in this appeal.

3.

The short question is whether in an application moved by respondent No.1 u/s 20 of the Arbitration Act, 1940, amendment under Order 6 Rule 17 of the CPC could have been allowed and the nature of the dispute could have been changed drastically. Such a claim cannot be well-sustained in view of decision of this Court in CA No. 63 of 1990 decided on 17.8.1999 reported P.A. Ahammed Ibrahim Vs. The Food Corporation of India, . Only on this short ground, the appeals are allowed. The order granting amendment of the application u/s 20 of the Arbitration Act, 1940 by the trial court and as confirmed by the High Court by the impugned order are set aside. Consequently, further interim orders based on the amended petition passed by the trial court u/s 20 of the Act would also fall through. However, at the request of learned Counsel for respondent No.1 - the original applicant - it is directed that status quo as existing on spot regarding the property in question shall be maintained by both the sides for eight weeks to enable respondent No. 1, if so advised, to take appropriate steps as available to him under law. We make it clear that we express no opinion on the merits of the controversy between the parties.