( 1 ) THIS is an application made by the respondent under the provision of 151 CPC seeking dismissal of the objections filed by the petitioner under the provision of Sections 30 of the Arbitration Act, 1940 because of new enactment having come into force, viz, Arbitration and Conciliation Act, 1996.

( 2 ) THE respondent seeks dismissal of the objections on the strength of judgments rendered by the Apex Court in "thyssen case" reported in AIR 1999 S. C. 3923 and also in view of another judgment known as "rani Construction case" again rendered by the Hon ble Supreme Court in Civil Appeal No. 61/99.

( 3 ) THE respondent also seeks dismissal of the objections filed under the old Act in view of insertion of Section 21 and Section 85 (2) in the new Act which came into force on 1st January, 1996.

( 4 ) BEFORE I proceed to deal with this legal aspect it is essential to advert to few facts in brief.

( 5 ) THE respondent ITDC Ltd. had invited tenders for installation, testing and commissioning of an MATV and CTV at Hotel Qutab and Ashok Hotel at Delhi.

( 6 ) THE petitioner M/s Minny Enterprises responded and submitted its tender which was accepted by the respondent and the