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MIS SARDAR CONSTRUCTION CO.
A
v.
STATE OF GUJARAT
JANUARY 25, 1999
[MRS. SUJATA V. MANOHAR AND R.C. LAHOTI, JJ.]
B
Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,
1992 : Sections 8 and 21.
Arbitration Proceedings-Pendency of-Award given before commence-
C
ment of 1992 Act-Award not attaining finality wizen 1992 Act came into
force-In-applicability of provisions of Arbitration Act-Transfer of proceed-
ings to Trib1111al under 1992 Act-Held valid.
CIVIL APPELLATE JURISDICTION
Petitiort(s) for Special
Leave to Appeal (Civil) No. 14668/98.
D
From the judgment and order dated 01.05.98 in CRA 2283/95 of the
High Court of Gujarat at Ahtnedabad;
K. Janani for the Petitioner:
E
KG.Shah, AP. Medh and Mrs. Suchitra A. Chitale for the Respon-
dents.
The following order of the Court was delivered :
The award in the present case, though given prior to 1.1.1994 which
F
is the date of commencement of the Gujarat Public Works Contracts
Disputes Arbitration Tribunal Act, 1992, had not attained finality at the
time when the said Act came into force. Under Section 21 of the said Act,
the provisions of the Arbitration Act shall, insofar as they are inconsistent
with the provisions of the Act, cease to apply to any dispute arising from G
a works contract and all arbitration proceedings in relation to such dispute
before an arbitrator, umpire, Court or authority shall stand transferred to
the Tribunal. In the present case, the arbitration proceedings in relation to
the dispute were pending before the court and hence the High Court has
rightly transferred these proceedings to the Tribunal. Under Section 8 of
the said Act on reference to the Tribunal, the Tribunal has to make an H
233
234
SUPREME COURT REPORTS
[1999) 1 S.C.R.
A
award which shall be deemed to be a decree within the meaning of Section
2 of Civil Procedure Code! 1908 and it shall be executed accordingly.
We, therefore, agree with the reasoning and ccnclusion of the High
Court. The S.L.P. is dismissed.
T.N.A.
Petition dismissed.
Lex