M.N.Bhandari, J. - (1.) By this writ petition, a challenge is made to the order dated 25th September, 2017 passed by the Additional District & Sessions Judge, No.9, Jaipur Metropolitan.
(2.) It is a case where on a dispute between the parties, the matter was referred to the Arbitration. The award was passed by the Arbitral Tribunal on 30th July, 2015. The petitioner-company submitted objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act of 1996") within the period of limitation. An amendment in the Act of 1996 was notified on 23rd October, 2015 amending various provisions including Section 36 of the Act of 1996. After amendment under Section 36, a controversy came before the court as to whether it will apply prospectively or will have application on the pending cases under Section 34 of the Act of 1996. The controversy aforesaid was considered by this court in the case of M/s. Shilpa Construction Vs. Jaipur Municipal Corporation, 2017 AIR(Raj) 166. It was held that pending proceedings under Section 34 would not be governed by the amended provision of Section 36 of the Act of 1996. The detailed reasons for it have been given not only in reference to Section 21 but other provisions also, which includes certain clauses of Amending Act, 2015.
(3.) Section 21 of the Act of 1996 is quoted hereunder for ready reference: "21. Commencement of arbitral proceedings.-Unless agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.";