STATE OF GUJARAT Vs. RAJESH BUILDERS

JUDGEMENT

(1.) In the group of these five appeals, purported to have been filed under Sec. 39 of the Arbitration Act, 1940 ('the Act' for short), following interesting questions have been raised.

(2.) Whether order of the trial Court, directing to remit the question of grant of pendente lite interest to the arbitrator for reconsideration could be challenged by filing an appeal under Sec. 39 of the Act and that whether the proceedings pending before the trial Court on the date of 12/12/1991, the day on which the Supreme Court delivered the judgment in the case of Secretary, Irrigation Department, Govt. of India v. G. C. Roy, reported in AIR 1992 SC 732, could be said to be pending proceedings under the Act ?

(3.) In order to appreciate the merits of the aforesaid two questions which have surfaced in this group of appeals, it would be necessary to set out the relevant resume of facts giving rise to the present appeals.