Shiv Kumar Sharma, J. - (1.) THESE three revision petitions were preferred by Union of India challenging the order dated August 14, 2002 of the learned District Judge Ajmer passed on the application under Section 8 of Arbitration Act, 1940 (for short 'Old Act') whereby Mr. R.J. Bhakru was appointed to act as Arbitrator and adjudicate the dispute arising out of the contract awarded to respondent for constructing Sudha Mishra) vide order dated April 12, 2004 held that District Judge Ajmer had no jurisdiction to appoint Arbitrator in view of Section 11 of Arbitration and Conciliation Act, 1996 (for short 'New Act'). However, the Supreme Court set aside the aforesaid order in Civil Appeal No. 1430/2008 decided on March 3, 2006 and remitted the matter back for fresh consideration.
(2.) I have heard rival submissions. Before proceeding further, it may be noticed that the New Act which came into force with effect from August 22, 1996 repealed all old Acts related to Arbitration. Section 85 of New Act, which relates to repeal and savings, reads as under: 85. Repeal and savings (1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937) the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed. (2) Notwithstanding such repeal (a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this Act came into force unless otherwise agreed by the parties but this Act shall apply in relation to arbitral proceedings which commenced on or after this Act comes into force; (b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this Act, be deemed respectively to have been made or issued under this Act.
(3.) A look at aforesaid section demonstrates that although after commencement of New Act the Old Act stood repealed, the provisions contained in Old Act shall notwithstanding apply to arbitral proceedings which commenced before New Act came into force.;