PNP 1 ARBAP77-10=3.9 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.77 OF 2010 Shah Constructions ..Applicant. Vs. Union of India and another ..Respondents. ..... Mr. Rajnish Shrivastava for the Applicant. Mr. T.J. Pandian for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 3 September 2010. P.C. : 1. At the hearing of the Application under Section 11(6) of the Arbitration and Conciliation Act 1996, counsel appearing on behalf of the Respondents has submitted that the arbitration proceeding is pending; and that under Clause 64(1)(iii) it has been stated thus : “64.(1)(iii) No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.” 2. Learned counsel stated that it was for the Applicant to raise the claim by way of an amendment before the arbitral tribunal and it would be PNP 2 ARBAP77-10=3.9 open to the arbitral tribunal to consider the application for amendment, if moved in accordance with law. In view of the aforesaid statement, counsel appearing on behalf of the Applicant seeks leave to withdraw this Application with liberty reserved to move the arbitral tribunal for the amendment of the claims already preferred or for raising a supplementary claim. It is clarified that if such an application is made, it shall be dealt with by the arbitral tribunal in accordance with law and all the rights and contentions of the parties in that regard are kept open. The Arbitration Application is accordingly disposed of as not pressed. (Dr. D.Y.Chandrachud, J.)