CARAVAN ROADWAYS LTD. Vs. HAFED SPINNING MILLS

JUDGEMENT

(1.) Even though the captioned petition has been registered as an OMP, it seeks to assail the award dated 09.04.2007 passed under Sections 30 and 33 of the Arbitration Act, 1940 (in short the 1940 Act). The learned counsel for the petitioner says that the petition, in substance encapsulates the objections to the aforementioned award and since proceedings had commenced prior to the Arbitration and Conciliation Act, 1996 (in short the 1996 Act) came into force, the objections were preferred under Sections 30 and 33 of the 1940 Act.

(2.) It may only to be noted that this is a third round of litigation. The petitioner had approached this court earlier as well. The petitions filed prior to the captioned petitions, were numbered as : OMP 90/1997 and OMP 135/1997. The first petition was disposed of on 16.05.1997, while the second petition was disposed of 24.02.2006.

(3.) As regards, the first submission, I find that there is some merit in what Mr. Diwan, the learned counsel for the petitioner, has stated. It appears that after this court's order dated 24.02.2006, the proceedings have been taken out by the learned arbitrator. This application is dated 03.04.2006.