pvr 1 ch743-ap493-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.743 OF 2011 IN ARBITRATION PETITION NO.493 OF 2008 M/s.Yashraj Containeurs Ltd. ...Petitioner vs. M/s.Hindustan Petroleum Corporation Ltd. ...Respondent --- Mr.Snehal Shah @ Nikhil Karnawat i/b. Viraj Maniar Associates, for Petitioner. Mr.M.D.Siodia @ Aggarwal NikhilM & Kaushik N.Singh i/b. Rustamji & Ginwala, for Respondent. --- CORAM: D.K.DESHMUKH, J. DATED: 7th July,2011. P.C.:- 1. This is a chamber summons taken out by the petitioner for amendment in the arbitration pvr 2 ch743-ap493-08 petition. The petitioner seeks permission of the Court to replace copy of letter dated 7.3.2008 addressed by Shri.V.Ananthraman at Exhibit T , by copy of another letter dated 7.3.2008 addressed by the same person. The relevant facts are that the petitioner has filed this petition under section 34 of the Arbitration and Conciliation Act challenging Award dated 7.3.2008. The petitioner in paragraph 3 states that he has invoked the arbitration clause contained in Tender dated 5.2.2004. 2. The terms and conditions of that Tender are at Exhibit A. In paragraph 4, the petitioner states that pursuant to that tender the petitioner offered to supply barrels as required by the respondent and submitted a bid for supply of barrels. The respondent awarded contract to the petitioner by purchase order dated 22.4.2004, a copy of which is annexed at Exhibit B to the petition. Perusal of Exhibit B shows that pvr 3 ch743-ap493-08 number of that order is M-3184/MDM-200/BHC/2004 dated 22.4.2004. According to the petitioner, a dispute arose between the parties pursuant to the order at Exhibit B which was referred to the Arbitrator Mr.V.Anantharaman and he made the Award and forwarded the same by his letter dated 7.3.2008. It appears that there were two orders placed by the respondent with the petitioner, one was Order no.3184 and other was order no.4000308 dated 24.8.2004. The date of one order is 22.4.2004 and the date of the other order is 24.8.2004. Disputes between the petitioner and respondent, it appears, arose out of both the orders. The same person viz. Mr.VAnantharaman was appointed as Arbitrator and he made the Awards in relation to both the orders on the same date and forwarded that by letter of the same dated i.e. 7.3.2008 to the petitioner. The petitioner intended to challenge the Award made pursuant to order dated 22.4.2004 and therefore, the petitioner made averments in that regard in the pvr 4 ch743-ap493-08 petition and also annexed copy of Purchase order dated 22.4.2004 to the petition. But by mistake, the petitioner annexed copy of the Award made by Mr.V.Anantharaman pursuant to order dated 24.8.2004. This mistake was detected when the matter was called for hearing before the Court and therefore, this chamber summons was taken out for substituting in the place of the Award made pursuant to Purchase order dated 24.8.2004 by the Award made pursuant to Purchase order dated 22.4.2004. 3. The application is opposed by the learned Counsel appearing for respondent. According to him, the Award made pursuant to Purchase order dated 22.4.2004 has become final because it was not challenged in this petition, and therefore, according to him, the amendment should not be allowed. The submission is not capable of being accepted because if one goes through the petition, it is clear that the intention of the pvr 5 ch743-ap493-08 petitioner was to challenge the Award in relation to Purchase order dated 22.4.2004 and therefore, it cannot be said that the Award has attained finality. It is clear that the amendment is necessitated because of either oversight of the lawyer or sheer negligence on the part of the lawyer. But looking at the matter from any point of view, the mistake is of the lawyer and settled law is that for mistake of lawyer, client should not be suffered, and therefore, in my opinion, the chamber summons will have to be granted. In my opinion, therefore, the chamber summons is granted in terms of prayer clause (a). Amendment to be carried out within a period of one week from today. Chamber summons is disposed of. Put up the matter on 29.7.2011 for admission. (D.K.DESHMUKH, J.) ---