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1999 Supreme(SC) 79
1999(3) Supreme 24
Supreme Court of India
(From Gujarat High Court)
Mrs. Sujata V. Manohar & R.C. Lahoti, JJ.
M/s. Sardar Construction Co. -Petitioner
versus
State of Gujarat -Respondent
SLP (Civil) No. 14668 of 1998
Decided on 25-1-1999
Counsel for the Parties :
For the Petitioner : Shri K. Janani, Advocate.
For the Respondent : K.G. Shah, Sr. Advocate, A.P. Medh, Advocate for Mrs. Suchitra A. Chitale, Advocate.
Under Section 21 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, arbitration proceedings relating to works contracts pending before a court or authority are transferred to the Tribunal if the award had not attained finality when the Act came into force.
Headnote:Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992-Section 21-Arbitration proceedings in relation to dispute arising from works contract-Transfer to Tribunal - Arbitration Tribunal Act came to effect on 1.1.1994-Award in question passed prior to that date and matter pending before Court-Section 21 overrides provisions of Arbitration Act in so far as they are inconsistent with Arbitration Tribunal Act-Matter pending before Court transfered to Arbitration Tribunal. (Para 1)
Legal Category Hierarchy
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practice and procedure
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arbitration
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statutory tribunals
- transfer of proceedings
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statutory tribunals
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arbitration
Order
The award in the present case, though given prior to 1.1.1994 which is the date of commencement of the Gujarat Public Works Contracts 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 contract and all arbitration proceedings in relation to such dispute before an arbitrator, umpire, Court or authority shall stand transferred to the Tribunal. In the present case, the 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 3 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 Section 2 of Civil Procedure Code, 1908 and it shall be executed accordingly.
We, therefore, agree with the reasoning and conclusion of the High Court. The SLP is dismissed.
(C.R.) SLP dismissed.
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