- (1.) The present appeal arises out of an interim Award dated 16.06.2005 and a final Award dated 09.08.2005 by the same Arbitrator. The learned Single Judge dismissed the petition filed under section 34 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as "Act"), against the said Award. A Division Bench of the Bombay High Court dismissed the appeal filed under section 37 of the Act relying upon this Court's judgment in Assam Small Scale Industries Development Corporation Ltd. & Ors v. J.D. Pharmaceuticals & Anr., 2005 13 SCC 19.
(2.) Learned counsel have brought to our notice a recent judgment of this Court M/s. Shanti Conductors (P)Ltd. & Anr. v. Assam State Electricity Board & Ors. reported as, 2019 1 Scale 747 in which a three Judges? Bench of this Court has overruled the Assam Case(supra).
(3.) This being the position, we set aside the judgment of the Division Bench and remand the appeal to be decided afresh on all points.;