JUDGMENT - R.M.S KHANDEPARKAR, J.:---The question which arises for determination in the present petition is about the applicability of the Arbitration and Conciliation Act, 1996 (hereinafter called as "the new Act") to the arbitration proceedings commenced under the Arbitration Act, 1940 (hereinafter called as "the old Act") and which were pending for disposal at the time when the new Act came into force.

2.The facts, in brief relevant for the decision are that the petitioner was awarded with the work of Construction of Canal Head Regulator of Chapoli Minor Irrigation Tank at Canacona and the agreement between the parties in respect thereof provided that in case of dispute between the parties, the same to be settled by way of arbitration. It is the case of the petitioner that the respondent failed to settle the dues which were claimed by the petitioner by its letter dated 15-8-93 and, therefore, the petitioner invoked the arbitration clause in the said agreement by a letter dated 8-2-94 and since the Chief Engineer, Irrigation Department, Government of Goa failed to appoint an arbitrator within the prescribed time, the petitioner filed an application under section 20 of the old Act

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