M/S SHILPA CONSTRUCTION Vs. JAIPUR MUNICIPAL CORPORATION, JAIPUR THROUGH CHIEF EXECUTIVE OFFICER AND ANOTHERS

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 14.2.2017 passed by the Commercial Court (Additional District Judge No.1), Jaipur Metropolitan.

(2.) It is a case where arbitration proceedings were initiated between the parties followed by an award on 18.7.2016. The objections against the award were submitted under Section 34 of the Arbitration and Conciliation Act, 1996 (in short "the Act of 1996").

(3.) A question came up for consideration before the court below was as to whether an application under section 36(2), amended by the Arbitration and Conciliation (Amendment) Act, 2015 (in short "the Act of 2015") is required for interim order or it would be governed by the provisions of section 36, pre-amendment. The court below found that commencement of the arbitral proceedings were prior to Amending Act, 2015. As per section 26 of the Amending Act of 2015, section 36(2) would not apply. The consequence of the order is that till the objections are decided, award would not be executable in view of section 36, pre-amended thus interim order was passed.