S.B. TRADING CO. Vs. STATE OF HP

JUDGEMENT

(1.) This arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, has been filed against order passed by the Court of learned Additional District Judge (1), Kangra at Dharamshala in RBT Arbitration Case No. 2-D/06/02, decided on 31.03.2009, vide which Objections preferred by the present appellant under Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the '1996 Act') against Award passed by learned Arbitrator dated 08.02.2002 have been dismissed.

(2.) This case has peculiar facts. Arbitration proceedings stood initiated as per the agreement entered into between the parties under the provisions of Arbitration Act, 1940 (hereinafter referred to as the '1940 Act'). An Award was passed by the Arbitrator under the provisions of old Act ( 1940 Act), which stood assailed by the respondents-State.

(3.) Upon remand, a fresh Award was passed by the Arbitrator dated 08.02.2002. During the pendency of the said proceedings, the Arbitration and Conciliation Act, 1996 came into force and the 1940 Act was repealed. There is nothing on record to suggest that after the remand of the matter, the parties agreed before the Arbitrator that the matter be proceeded in accordance with 1996 Act, however, a perusal of para 3 of the latter Award passed by the arbitrator demonstrates that the same was passed by the Arbitrator under 1996 Act.