- (1.) This is an application under Sections 30 and 33 of the Arbitration Act, 1940 challenging the award passed by the Arbitrator on 2nd Dec. 1997.
(2.) By making this application Mr. Mukul Prakash Banerjee, learned Senior Counsel of this Court raised the following points : (1) Whether the proceeding can be proceeded under the old Act i.e. the Arbitration Act, 1940; (2) After becoming functus officio whether the Arbitrator can suo motu extend the time period for proceeding with the arbitration; (3) Whether the claim of the claimant i.e. the contesting respondent herein is barred by law of limitation; (4) Whether the Arbitrator exceeded the scope of reference; (5) Whether the reference is invalid; (6) Whether Union of India instead of Food Corporation of India was made the party wrongly or erroneously.
(3.) Mr. Banerjee fairly submitted before this Court that although seven points were raised by him his real attack is restricted on point Nos. 1,2 and 4 as above.;