- (1.)Leave granted. The applicability of the Arbitration Act, 1940 (1940 Act) or the Arbitration and Conciliation Act, 1996 (1996 Act) is in question in this appeal which arises out of a judgment and order dated 11.12.2003 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in W.P. Nos. 4351, 4352 and 4394 of 2003.
(2.)The parties hereto entered into a contract on 7.3.1990, in terms whereof the Appellant was entrusted with civil construction works. Disputes and differences having arisen between the parties, the Appellant invoked the arbitration clause and requested the First Respondent herein to appoint a sole arbitrator in terms of the arbitration agreement. As the said request was not acceded to, the Appellant filed three applications Under Section 20 of the 1940 Act bearing Suit Nos. 741, 742 and 743 of 1991 in the Court of Civil Judge, Senior Division, Nagpur. One Shri S.S. Rao, Retired Chief Engineer (Civil) was appointed as an arbitrator therein. An award was made on 22.7.1999. The said award was said to have been corrected by the arbitrator on or about 27.8.1999 and a copy thereof was received by the Respondent on 30th August, 1999.
(3.)It is not in dispute that applications for enlarging the time for making the award in terms of Sub-section (2) of Section 28 of the 1940 Act were filed and allowed.