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28. Counsel for the respondent relied upon the judgment of the Supreme Court in Aravali Power Company Pvt. Ltd. Vs. Era Infra Engineering Ltd. (2017) 15 SCC 32, to contend that the Supreme Court has held that as the invocation of arbitration was prior to the coming into force of the Amending Act, the statutory provisions that were enforced before the Amending Act came into effect would govern the controversy.

29. In my view, the judgment of the Supreme Court in Aravali Power Company (Supra) would not be applicable to the facts of the present case as in that case not only was the invocation of arbitration prior to the coming into force of the Amending Act, but also, the Arbitrator had been appointed and the parties had even appeared before the Arbitrator before coming into the force of the Amending Act. The provisions of the OMP (T)(Comm.) No.9/2018 Page 18 Amended Act were sought to be relied upon to challenge the appointed Arbitrator. The Supreme Court held that as the invocation of Arbitration, the appointment of an Arbitrator and even the arbitration proceedings had commenced prior to the coming into force of the Amended Act, the statutory provisions that would govern the controversy therein are those that were in force before the Amending Act came into effect. The Supreme Court did not consider the issue as to whether the Amended Act would apply where the Arbitrator is being appointed after the coming into force of the Amended Act.