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2018 Supreme(Bom) 229

R.D.DHANUKA
Global Aviation Services Private Limited – Appellant
Versus
Airport Authority of India – Respondent


Advocates Appeared:
For the Petitioners:Shyam Mehta, Senior Counsel with Hitesh Mutha, Sumit Raghani, Dimple Majithia, Dipika Bhateja i/b Agrud Partners, Sagar Kasar, Amol Wagh, Sheha Sanap, Sapna Rachure i/b T.N. Tripathi & Co., A.S. Daver, Anuj Jaiswal, Nirav Shah, i/b Little & Co., Pawan Pandey i/b Clayderman & Co., Sanjay Jain with Aniketh Nair, Apoorva Gupta i/b Mustafa Motiwala, C.N. Chavan, Prakash Shah, Santosh Mungekar, Rohin Shah, Simil Purohit i/b M/s. Purohit & Co., Iqbal Hussain Bhati, Shriram Kulkarni, Sachin Chavan, Megna Pujari, Madhu Deshmukh, Paras Vira i/b Anand Kate, Advocates.
For the Respondents:Lopa Munim, Sanish Mathew i/b Rajesh Kothari & Co., T.J. Pandian, R1, Bhupesh Samant, Sumi Soman i/b Priyanka Pawar, Anand Poojary, S.I. Joshi, Nikita Pawar, Jalpa i/b S.I. Joshi & Co., Girish Agarwal, Anil Balani, Ashish Kamat, S. Banerjee i/b Rajesh Gaikwad, Pankaj Savant, Senior Advocate, a/w. Sandeep Aole, Saket More, Subit Chakrabarti, Vishesh Kalra, Neha Joshi, i/b. Vidhi Partners, Advocates.

JUDGMENT :

1. The respondents in all these petitions have raised a preliminary issue of maintainability of these petitions on the ground that no notice under section 34 (5) of the Arbitration & Conciliation Act, 1996 has been issued by the petitioners to the respondents before filing these arbitration petitions and thus the petitions are liable to be dismissed on that ground itself. In view of this preliminary objection raised by the respondents, learned counsel appearing for the parties have addressed this Court on this issue at this stage at great length, which is being considered by this Court by passing a common order in the aforesaid matters.

2. The questions that arise for consideration of this Court are:-

(i). If the notice invoking arbitration agreement is issued prior to 23rd October, 2015, whereas the impugned award is rendered after 23rd October, 2015 and if the arbitration agreement contemplate that the parties would be governed not only by the provisions of the Arbitration & Conciliation Act, 1996, but also any statutory modification thereof or repeal thereto, the provisions inserted by the Arbitration & Conciliation (Amendment) Act, 2015 would apply to such proceedings f












































































































































































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