A&C Act: Amendment to Section 34 Application cannot be allowed if it constitutes a fresh challenge

Friends & Friends Shipping Private Limited Vs Central Warehousing Corporation (Bombay High Court) In the matter of Hindustan Construction Ltd (supra) it has been held that in an appropriate case amendment of an application under Section 34 can be allowed even beyond the period provided that is three months under sub Section 3 of Section 34 and a further period of one month as provided under the proviso to that subsection. However, it has also been made clear that such amendment cannot be allowed if it constitutes a fresh challenge. While interpreting the ratio in the matter of Hindustan Co...