Case Note & Summary
The judgment concerns two notices of motion filed in pending commercial arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996. The applicant, Konkan Irrigation Development Corporation (KIDC), sought to place on record a charge-sheet dated 25 August 2015 against the respondent, M/s. F.A. Enterprises, in Commercial Arbitration Petition (L) No. 681 of 2019. Similarly, the State of Maharashtra sought to place on record the same charge-sheet in Commercial Arbitration Petition No. 921 of 2019. The charge-sheet was filed by the Anti-Corruption Bureau against various persons including the respondent. The court noted that the charge-sheet was relevant to the pending arbitration petitions. Despite the delay in filing the applications, the court allowed the documents to be placed on record, subject to payment of costs of Rs. 25,000 by each applicant to the respondent. The court directed that the costs be paid within two weeks and that the documents be taken on record only after such payment. The notices of motion were disposed of accordingly.
Headnote
A) Arbitration - Section 34 Petition - Additional Evidence - Charge-Sheet - The court allowed the applicant to place on record a charge-sheet dated 25 August 2015 against the respondent, holding that the document was relevant to the pending arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, despite the delay in filing the application, subject to payment of costs of Rs. 25,000 to the respondent. (Paras 1-3) B) Arbitration - Condonation of Delay - Costs - The court condoned the delay in filing the notice of motion seeking to place additional documents on record, imposing costs of Rs. 25,000 on the applicant, payable to the respondent, as a condition for allowing the application. (Para 3)
Issue of Consideration
Whether a charge-sheet filed against the respondent after the arbitral award can be placed on record in a Section 34 petition under the Arbitration and Conciliation Act, 1996, and whether the delay in filing such application should be condoned.
Final Decision
The court allowed the notices of motion, permitting the applicants to place on record the charge-sheet dated 25 August 2015, subject to payment of costs of Rs. 25,000 each to the respondent within two weeks. The documents were to be taken on record only after payment of costs.
Law Points
- Additional evidence in Section 34 petition
- charge-sheet relevance
- condonation of delay
- costs for belated filing
