(1.) This application under Article 227 of the Constitution of India is directed against an order being No.47 dated 20th September, 2008 passed by the learned Civil Judge (Senior Division), Asansol in Title Suit No.11 of 2002 whereby it was held that an award which was passed by following the provision contained in Arbitration Act of 1940 (old Act) can be enforced by following the provision of the Arbitration and Conciliation Act, 1996 (new Act), in the facts of the instant case because of the peculiar nature of the arbitration agreement contained in Clause 9 thereof between the parties. The petitioner is aggrieved by the said order. Hence, the instant revisional application was filed by the petitioner before this Court. Heard Mr. Basu, leaned Counsel, appearing for the petitioner and Mr. Talukdar, learned Counsel, appearing for the opposite party herein. Considered the materials on record including the order impugned.

(2.) Let me now consider as to whether the learned Trial Judge was justified in passing the impugned order in the facts of the instant case. For proper appreciation of the matter in issue, some relevant facts are required to be taken note of. Those facts a