N S NAYAK AND SONS Vs. STATE OF GOA
LAWS(SC)-2003-5-46
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on May 08,2003

N.S.NAYAK Appellant
VERSUS
STATE OF GOA Respondents

JUDGEMENT

Shah, J. - (1.) These appeals are directed against the judgment and order dated 27th April, 2000 passed by the High Court of Bombay, Goa Bench, in Arbitration Appeal No.1 of 1993 etc. etc.
(2.) In pending appeals, a contention was raised by the appellant that appeals filed by the respondents under 37 of the Arbitration Act, 1940 (hereinafter referred as the Old Act), are required be decided on the basis of Arbitration and Conciliation Act, 1996 (hereinafter referred as the New Act) because the arbitration agreement provides as under:-- "Subject as aforesaid the provisions of the Arbitration Act, 1940, or any statury modification or re-enactment thereof and the Rules made thereunder and for the time being in force shall apply the arbitration proceedings under this clause."
(3.) That contention was rejected by the High Court. Hence, these appeals.;


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