The Court stated that the section 29A of the A&C Act does not apply to the proceedings commenced before the amendment of 2015 and interpreted the word “Commencement” would be the yardstick to determine the applicability and its situations.
- The dispute arose from the agreement dealt with the matter of construction foot over bridges under the rail link project in the state of Jammu and Kashmir.
- The Agreement dated on September 15, 2008 and the petition for the mandate was filed under section 29A of the Act.
- The respondent willing to continue the arbitration and contended that the section 29A would not be applicable. Because, the arbitral clause in the agreement was invoked by the petitioner on 14th April, 2009.
- The parties did not agree upon the appointment of the arbitral tribunal. So, the petitioner approached the HC under section 11 of the Act.
- Thus, the arbitral tribunal constituted and proceedings were conducted.
The High Court reiterated that the section 29A prescribes the time limit for the mandatory completion of the arbitral proceedings and also highlighted that the section 26 of the Amending Act mentions the specific provision would be applied to the proceedings commenced thereafter only.
Justice Prateek Jalan held that the petition was dismissed and stated that the section 29A of the Act would not applicable upon this matter.
The High Court mentioned that the new commencement did not start with the fresh notice of arbitration as per section 21 of the Act.
CASE NAME: M/S Chinar Steel Industries V. Ircon International Limited.
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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