last judgment is applicable to Act 1996 which otherwise repeals the existence of the earlier Arbitration Act, 1940 . By showing such last Judgment Mr. Sharma ... Act is not maintainable before such High Courts directly.
14. Upon going through the Section 31(4) of the Arbitration Act, 1940 and Section
Limitation Act is quoted hereunder:
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Description of suit Period of Time from which period
Limitation begins to run.
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119. Under the Arbitration Act,
1940 ... Act will start running from the date the notice has been given by the Court under Section 14 (2) of the Arbitration Act, 1940
under the Arbitration Act, 1940 and not under the present Act. The new Act is quite different from the previous Arbitration Act and the principles ... designated in the Arbitration Clause as laid down in M.P. Gupta (Supra) is in relation to the Arbitration Act, 1940 and would
suit corporation filed application under Section 34 of the Arbitration Act 1940 for its stay but the same was rejected and the revision preferred
supra) is in relation to the authority given to an Advocate to act on behalf of a party to a proceeding in the proceedings itself ... case (supra) was rendered under the provisions of the Arbitration Act, 1940 , which did not have a provision similar to the provisions of Section
appeals under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the Act, 1940') arising out of the order(s) passed ... award in pursuance of the Act, 1996. Therefore, order, if any, passed under the old Act, i.e. Act, 1940 is unsustainable. In Fuerst
such transfer, vacation of office or inability to. act, shall designate another person to act as arbitrator in accordance with the terms of the Agreement ... parties to the Agreement. Subject to the provisions of the Arbitration Act, 1940 or any statutory modification of or re-enactment thereof and the rules