STATE OF GOA Vs. C M NOORUDDIN

JUDGEMENT

(1.) APPLICATION came to be filed on behalf of the Respondents under Section 20 of the Arbitration Act, 1940. The same came to be allowed by the Civil Judge, Senior Division, Bicholim by order dated 7th of October, 1998. This is challenged here.

(2.) A few facts :

(3.) THE Apex Court in the matter of Thyssen Stahlunion GMBH v. Steel Authority of India Ltd., reported in JT 1999 (8) SC 66 was considering three cases. In all those cases the arbitration proceedings were started prior to the Act of 1996 coming into force, but the Awards came to be passed after the said Act came into force. In one case there was a clause same as Clause 25 quoted above. However, in two other cases there was no such clause. The Apex Court considered the provisions of Section 85 (2) and the said Clause. The Apex Court in para 22 laid down the conclusions and in para 23 observed :