Arbitration Act | New Evidence Cannot Be Adduced At S.37 Stage, Bar Of Limitation U/S 34(3) Is Attracted: Allahabad HC

The Allahabad High Court ruled that new evidence cannot be introduced at the Section 37 stage of the Arbitration Act, and any amendment or fresh grounds would be barred by the limitation under Section 34(3). The case involved a tender for constructing a Head Regulator to protect Banda City from Cane River floods. The contractor faced delays attributed to the appellants, leading to a dispute and subsequent arbitration. The Sole Arbitrator’s award was challenged under Section 34 but upheld by the Commercial Court. The appellant argued that the Arbitrator did not consider the agreement containing the arbitration clause. The High Court held that raising new grounds or evidence at the appeal stage under Section 37 is not permissible, as it would amount to filing a fresh appeal barred by limitation. The court emphasized the importance of adhering to the procedural limitations set by the Arbitration Act to ensure the finality and efficiency of arbitral awards.