- (1.) The short question involved in this petition is as to whether the proceedings for appointment of an arbitrator can be carried under Section 8 of the Arbitration Act 1940 (for short 'the Act'), if notice for appointment of the arbitrator is given after the enforcement of the Arbitration and Conciliation Act, 1996 (for short 'the Act 1996').
(2.) The relevant facts of this case narrated before me are that the respondent had completed the work on 10.11.1997. The final bill was prepared on 23.3.1998 and payment under the bill was received by the respondent, under protest, on 22.5.1998.
(3.) Respondent sent a notice for appointment of an arbitrator on 2.1.2000 and filed an application under Section 8 of the Act on 6.9.2000. The learned trial Court, vide its impugned order dated 31.3.2003 appointed the arbitrator, which led to the filing of the present revision petition.;