UNION OF INDIA Vs. K C SHARMA

JUDGEMENT

(1.) Rejection of an objection against the executability of Arbitration Award under Arbitration and Conciliation Act, 1996 has led the objector -Union of India and its functionaries to file this writ petition seeking quashment of order.

(2.) Undisputed facts are that in a dispute which arose from the contract bearing No.CEJZ/JBP/ of 86 -87 for "Provision of Certain Techincal Buildings at Jabalpur, sole Arbitrator was appointed by the Engineer -in -Chief, Army Head Quarter, New Delhi vide his letter No.13600/CC/718/E8 Dated 19.03.2001. An Award was passed on 16.02.2002 whereagainst present petitioner preferred an objection under Section 34 of 1996 Act, wherein, the trial Court while accepting the preliminary objection raised by respondent that since the Arbitrator was appointed and proceeded under the Arbitration Act, 1940 (i.e. Old Act), the provisions of 1996 Act are not applicable; declined to entertain the objection vide order dated 15.04.2009.

(3.) Pertinent it is to note that the Arbitration and Conciliation ordinance, 1995 was promulgated on 25.01.1996. It was replaced on 26.03.1996 by the Arbitration and Conciliation (Second Ordinance) 1996. The said ordinance was replaced by the Arbitration and Conciliation (Third) ordinance, 1996 on 26.06.1996. The 1996 Act came into force with effect from 22.08.1996 and is made applicable from 26.01.1996.