ANIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners and respondents in both the cases are one and the same. Common questions also arise in the two cases. Hence, they are dealt with and disposed of through a common order.

(2.) The Sub Court, Palakkad, which considered the question, passed orders finding that the claims were barred by limitation and accordingly dismissed the petitions. There are the subject matter of present C.R.P. Nos. 1617/99 & 1683/99 respectively.

(3.) In both these cases cross objections have been filed on behalf of the respondents wherein contention is taken that the petitions were not at all filed under S.8 of the Arbitration Act 1940 as contended by the petitioner. It is also pointed out that the dispute in question, if at all it comes under the Arbitration Act, is to be dealt with under the Arbitration and Conciliation Act, 1996, which has come into force on 1.8.1996. This contention is on the ground that the O. Ps. were filed on 22.1.1997 by which time the Act of 1940 had already been repealed.