IQBAL TRADING COMPANY Vs. THE UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 ("1996 Act") challenging an order dated October 21, 2011 ("Impugned Order") passed by a Learned District Judge, Pune refusing to exercise jurisdiction under Sec. 34 of the Act in relation to an arbitral award dated January 16, 1998 ("Arbitral Award").

(2.) The Impugned Order records the opinion of the Learned District Judge that the arbitration proceedings that led to the Arbitral Award is governed by the Arbitration Act, 1940 ("1940 Act") and not the 1996 Act. The Impugned Order also returns a finding that the challenge to the Arbitral Award was hopelessly barred by limitation. Applying the standards applicable under the 1940 Act, the Impugned Order also emphatically upholds the Arbitral Award.

(3.) A brief overview of the factual matrix for purposes of adjudicating this Appeal would be necessary, and is summarised below:-