( 1 ) IN these matters, two common decisions rendered by the Division bench of the High court of Bombay in four arbitration proceedings have been brought on the anvil of scrutiny.

( 2 ) BEFORE dealing with the merits of these proceedings, one point which, in our view, requires to be decided at the threshold is to the effect whether , the present arbitration proceedings are governed by the earlier Arbitration , Act, 1940 or by the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as "the new Act" ). For resolving this question, a few relevant facts will have to be mentioned at the outset. In Special Leave Petitions (C) Nos. 1238-39 of 1997, according to the petitioner, the dispute was sought to be referred to arbitration by lodging a claim in that connection by the petitioner-contractor with the respondent-authorities on 6/3/1995 pursuant to the earlier demand dated 20/11/1994. A further letter in support of the earlier demand dated 6/3/199595 was also submitted on 29/5/1995 and thereafter an arbitration suit was filed in the High court of Bombay on 24/8/1995 invoking the jurisdiction of the court under Section 8 read with Section 20 of the Arbitration Act, 1940.