- (1.) The original appeal from which this application arises for our consideration namely, C. A. No. 2522/99 was preferred by the respondent herein questioning the unilateral appointment of an arbitrator made by the present applicant under the Arbitration Act, 1940. This Court in the said appeal after hearing the parties and with the agreement of the parties appointed Hon. Mr. Justice A. M. Ahmadi, former Chief Justice of india as the sole arbitrator. Before the said arbitrator both the parties by consent agreed that the proceedings should be governed by the provisions of the Arbitration and Conciliation Act, 1996. It is on that basis the learned arbitrator proceeded and gave a final award.
(2.) In this application, namely, I. A. No. 2 in C. A. No. 2522/99 made under sections 15, 17 and 29 of the Indian Arbitration Act, 1940 praying for modification of the said award made by the arbitrator, the applicant contends that since the dispute between the parties and the agreement of the parties to refer such dispute to an arbitrator was prior to the coming into force of the 1996 act, all further proceedings subsequent to the award should be governed by the 1940 Act and under the Act and aggrieved party which wants to seek modification has to move the court which wants to seek modification has to move the court which appointed the arbitrator, hence, the applicant contends that this is the only court before which such an application is maintainable.
(3.) It is to be noted at this stage that the respondent in this application was appellant in C. A. No. 2522/99. The said respondent being aggrieved by this award, itself has filed objections to the said award before the appropriate Civl Court under section 34 read with section 2 (e) of the 1996 Act.;