In Kavis Fashions Private Limited v. Dimple Enterprises and others, the Hon'ble Bombay High Court ("Court"), while hearing an application for setting aside an award of the arbitral tribunal under S. 34 of the Arbitration and Conciliation Act, 1996 ("Act"), inter-alia observed as under:
The order rejecting an amendment application may not be an interim award capable of being challenged by an independent petition under Section 34 of the Act. However, once the arbitral proceedings are disposed of, and the final award is under challenge; grounds for challenging such rejection can certainly be raised in the petition filed under Section 34 of the Act.
A party may oppose an amendment application on various grounds available to a party, in addition to the ground of delay, as Section 23(3) uses the words 'having regard to the delay in making it' in contrast to the words 'having regard only to'.
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