RAM LAL THAKUR Vs. EXECUTIVE ENGINEER HPPWD

JUDGEMENT

(1.) By way of this application, filed under Section 151 of the Civil Procedure Code, a prayer has been made for revival of OMP(M) No. 3 of 2017, by recalling the order dated 02.03.2017. Vide order dated 02.03.2017, recalling of which has been sought, OMP(M) No.3 of 2017 was disposed of in the following terms:-

(2.) Learned counsel for the applicant has submitted that order dated 02.03.2017, needs to be recalled because while passing the said order, this Court has erred in not appreciating that non issuance of Notice under sub-section (5) of Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act), was not fatal as arbitration proceedings stood initiated before the said sub-clause was inserted vide an amendment, which came into force w.e.f. 23.10.2015 and further for the reason that Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (hereinafter referred to as the 2015 Act), which came into force with w.e.f. 23.10.2015, clearly contemplated that nothing contained in the said Act which apply to arbitral proceedings commenced, in accordance with the provisions of Section 21 of the Principal Act before commencement of the said Act, unless parties otherwise agreed.

(3.) Having heard learned counsel for the parties and having gone through the provisions of sub-section (5) of Section 34 of the 1996 Act as also Section 22 of the 2015 Act, in my considered view, there is force in the contention of the learned counsel for the applicant.