VINEET SARAN,J. - (1.) Leave granted.
(2.) In response to a notice inviting tender issued by the INDU MARWAH Date: 2019.07.12 17:16:34 IST Reason: respondent relating to the work of "Special Repair Programme 2000­ 2001 for different stretches of National High Way­II from 622 Kmp to 625 Kmp, 627 Kmp to 628 Kmp and 630 Kmp to 631 Kmp (vide Job No.CRF/W.B./70/2000) under the Hooghly High Way Division No.II in the District of Hooghly (Package No. II) ", the appellant, alongwith others, had applied. The bid of the appellant was accepted on 26th March 2001, for which an agreement was registered on 2nd April, 2001. After several extensions were granted by the respondent for the delay which, according to the appellant, was entirely attributable to the respondent, the work under the agreement was completed by the appellant on 28.02.2002. Then, on 26th May 2003, the appellant raised its claims and dues before the Executive Engineer of Public Works (Roads) Department, Government of West Bengal. The claims of the appellant having not been paid, an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act ') was filed by the appellant. By an order dated 14 th August 2003, the Calcutta High Court was pleased to appoint Retired Justice Sujit Kumar Sinha as the Arbitrator to decide the disputes. By his award dated 21st January, 2010, the Arbitrator allowed some claims of the appellant and held the appellant to be entitled to a sum of Rs.2,87,11,553/­ plus interest at the rate of 18% per annum on a sum of Rs.1,34,06,965/­ from the date of the award till the date of the payment. Challenging the award passed by the Arbitrator, the respondent State of West Bengal filed an application under Section 34 of the Arbitration Act before the Calcutta High Court. The appellant filed its affidavit in opposition of the aforesaid, to which reply had also been filed by the respondent. The matter is still pending consideration before the Calcutta High Court.
(3.) Section 36 of the Arbitration Act has been amended by Act number 3 of 2016 with retrospective effect from 23.10.2015. In view of the pre­amended provision of Section 36 of the Arbitration Act, the respondent had not filed injunction application in the proceedings under Section 34 of the Arbitration Act. However, in view of the pronouncement of the judgment by this Court in the case of Board of Control for Cricket in India vs Kochi Cricket Private Limited (2018) 6 SCC 287, wherein it was held that the amended provisions of Section 36 of the Arbitration Act would also apply to the pending proceedings under Section 34 of the Arbitration Act, the appellant filed an execution application before the Calcutta High Court (registered as E. C. No.297 of 2018). The respondent then sought time to file an application for staying the award.;