STATE OF GOA Vs. VAIKUNTH J NAIK

JUDGEMENT

(1.) HEARD learned Counsel for both the parties. Perused the record.

(2.) THIS is a review application preferred by the State applicant seeking review of the order passed by the learned Single Judge on 21. 11. 2003 in Appeal Under Arbitration Act No. 5/1999, whereby it was held, for the reasons recorded therein, that the appeal partly succeeded and the award as well as the decree stood modified only to the limited extent of rate of interest for the pre reference period i. e. from 31. 3. 1989 till 30. 4. 1994 which was the first date of hearing of the arbitration proceedings and rest of the award and the decree passed by the Court below remained as it was.

(3.) WITH the help of both the learned Counsel, I have gone through the entire record. The learned Senior Counsel for the respondent initially raised the objection regarding maintainability of the review petition on the ground that by virtue of Section 41 of the Arbitration Act, 1940, the provisions of Civil Procedure Code were not applicable to the Special Act i. e. the Arbitration Act, 1940 and submitted that the review application was not maintainable. However, my attention was also drawn by the learned Counsel for the applicant to the ruling of the Apex Court in the case of Union of India and ors. vs. Aradhana Trading Co. and ors. , (2002) 4 SCC 447, the ratio of which would indicate that since it was an order passed in appeal under Section 39 (1) of the Arbitration Act, 1940, the provisions of Civil Procedure Code would apply under Section 41 of the said Act and as such, the revision petition appears initially maintainable.