SANYUKT NIRMATA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Through this application moved under Section 151 Code of Civil Procedure, the petitioner-claimant has sought, dismissal of the objections filed by the respondent under Sections 30 & 33 of the Arbitration Act of 1940 solely on the ground that as per clause 25 of the agreement parties had decided that in case there is any statutory modification or re-enactment of the Arbitration Act, 1940 or the rules made thereunder, the same shall apply to arbitration proceedings under this clause.

(2.) It is contended by Mr.Raman Kapoor, learned counsel for the petitioner that since new Act came into force on 25.1.1996, the objections filed by the respondents under Sections 30 & 33 of the old Act are not maintainable and at the most can be decided on the premise of Section 34 of the New Act which provides recourse to court for setting aside the arbitral award.

(3.) In order to appreciate the aforesaid contentions of the learned counsel in proper perspective, the relevant facts need to be put in briefs- Disputes arising between the parties were referred to the sole arbitration of Mr.S.C.Kaushal on 30.6.1992. He had entered into appearance on 7.7.1992. The sole Arbitrator .made and published the award on 6.5.1994. The petitioner moved an application under Section. 14 of the Arbitration Act of 1940 on 20.5.1994 for filing the award and making it rule of the court. The award, was filed in the court on 5.8.1994. On filing of the award, notice was served upon the respondent on 25.10.1994. The respondent filed instant objections under Sections 30 & 33 of the Arbitration Act of 1940 on 22.11.1994. The new Arbitration Act came into force on 25.1.1996.