M/s Sardar Construction Co. Vs. State Of Gujarat
EmailAppeal: Petition(s) for special Leave to Appeal (Civil) No. 14668/98
(From the judgement and order dated 01/05/98 in CRA2283/95 of the HIGH COURT OF GUJARAT AT Ahmedabad)
(From the judgement and order dated 01/05/98 in CRA2283/95 of the HIGH COURT OF GUJARAT AT Ahmedabad)
Petitioner: M/s Sardar Construction Co.
Respondent: State Of Gujarat
Apeal: Petition(s) for special Leave to Appeal (Civil) No. 14668/98
(From the judgement and order dated 01/05/98 in CRA2283/95 of the HIGH COURT OF GUJARAT AT Ahmedabad)
(From the judgement and order dated 01/05/98 in CRA2283/95 of the HIGH COURT OF GUJARAT AT Ahmedabad)
Judges: SUJATA V. MANOHAR & R. C. LAHOTI, JJ.
Date of Judgment: Jan 25, 1999
Appearances:
Shri K. Janani, Advocate for the petitioner(s)
Shri K.G. Shah, Senior Advocate
Shri A.P. Medh, Advocate
Shri Suchitra A.. Chitale, Advocate for Respondent(s)
Head Note:
ARBITRATION LAWS
Gujarat Public Works Contract Disputes Arbitration Act, 1992
Section 21 and 8 – Award passed prior to 1.1.1994, when Act came into force – Matter pending before High Court at that time – Transfer of proceedings to Tribunal. Held that in view of Sec. 21, proceedings were rightly transferred to Tribunal. SLP dis-missed.
JUDGEMENT:
ORDER
1. The award in present case, though given prior to 1.1.1994 which is the date of commencement of Gujarat Public Works Con-tracts Disputes Arbitration Tribunal Act, 1992, had not attained finality at the time when the said Act came into force. Under Section 21 of the said Act, the provisions of the Arbitration Act shall, insofar as they are inconsistent with the provisions of the Act, cease to apply to any dispute arising from a works con-tract and all arbitration proceedings in relation to such disp-ute before an arbitrator, umpire, Court or authority shall stand transferred to the Tribunal. In the present case, arbitration proceedings in relation to the dispute were pending before the court and hence the High Court has rightly transferred these proceedings to the Tribunal. Under Section 8 of the said Act on reference to the Tribunal, the Tribunal has to make an award which shall be deemed to be a decree within the meaning of Sec-tion 2 of Civil Procedure Code, 1908 and it shall be executed accordingly.
2. We, therefore, agree with the reasoning and conclusion of the High Court. The S.L.P. dismissed.
1. The award in present case, though given prior to 1.1.1994 which is the date of commencement of Gujarat Public Works Con-tracts Disputes Arbitration Tribunal Act, 1992, had not attained finality at the time when the said Act came into force. Under Section 21 of the said Act, the provisions of the Arbitration Act shall, insofar as they are inconsistent with the provisions of the Act, cease to apply to any dispute arising from a works con-tract and all arbitration proceedings in relation to such disp-ute before an arbitrator, umpire, Court or authority shall stand transferred to the Tribunal. In the present case, arbitration proceedings in relation to the dispute were pending before the court and hence the High Court has rightly transferred these proceedings to the Tribunal. Under Section 8 of the said Act on reference to the Tribunal, the Tribunal has to make an award which shall be deemed to be a decree within the meaning of Sec-tion 2 of Civil Procedure Code, 1908 and it shall be executed accordingly.
2. We, therefore, agree with the reasoning and conclusion of the High Court. The S.L.P. dismissed.
