ISSUE:
Whether the court is empowered to allow an amendment to a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, if the said amendment will permit material facts to be introduced on record with respect to the Section 34 petition?
RULE:
An amendment to a petition to set aside an arbitral award can be permitted by the court if the said facts are so material in nature that they have an influence on the applicant’s petition to set aside the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996.
However, the court needs to determine whether the material to be brought on record has a close nexus to the facts forming or influencing the arbitral award. If the material is closely related, then the arbitral award may be set aside due to being manipulated by fraud.