RANI CONSTRUCTION PVT. LTD. v. STATE OF HIMACHAL PRADESH
1999-11-01
R.L.KHURANA
body1999
DigiLaw.ai
JUDGMENT R. L. Khurana, J. - The Hon'ble Supreme Court vide its judgment dated 7th October, 1999 passed in Civil Appeal No. 6036 of 1998 has set aside the judgment dated 16-7-1998 of the Division Bench of this Court. It has been held by the Hon'ble Supreme Court that the present arbitration proceedings would be governed by the provisions of the new Act namely; the Arbitration and Conciliation Act, 1996. In view of the ratio laid down by the Hon'ble Supreme Court, the objections preferred by the defendant Electricity Board under Sections 30 and 33 of the Arbitration Act, 1940, are not maintainable and the same are dismissed accordingly. C.S. No. 52/1996 In view of the findings of the Hon'ble Supreme Court referred to above that the present arbitration proceedings are to be governed by the provisions of the Arbitration and Conciliation Act, 1996, the award dated 23rd January, 1996 is not required to be made the rule of the Court and the same is executable per se under Section 36 of the Arbitration and Conciliation Act, 1996. The Civil Suit stands disposed of accordingly.