BIJITENDRA MOHAN MITRA
HARBHAJAN SINGH KAUR – Appellant
Versus
UNIMODE FINANCE (P) LTD – Respondent
( 1 ) -THE present revisional application is directed against order No. 6 dated 11. 10. 96 passed by the 2nd Bench of City Civil Court at Calcutta in T. S. No. 2831 of 1996. At the motion stage a debate has cropped rip as to the maintainability of the revisional application against the impugned order and the court has given its anxious consideration after giving due hearing to both the parties at length about the maintainability of the revisional application.
( 2 ) THIS court has been apprised that this point has not been thrashed before as it relates to the impugned order arising out of the Arbitration and Conciliation Act, 1996 which came into effect on 25. 1. 96. As such, It has been a common submission of both the parties that the said Act will apply and the provisions of the same will govern the proceedings including interim proceedings. Section 85 of the said Act provides for repealing provisions and it has been specified there that the Arbitration Act of 1940 will stand repealed. The Impugned order has been passed on a parent application without any nomenclature and from the perusal of the prayer of the same it appears that alternative prayers were made in
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.