Milkfood Ltd vs M/S Gmc Ice Cream (P) Ltd on 5 April, 2004
4. Ms. Rekha Borana, learned counsel for the respondent-
contractor has also raised an objection that one the hand the learned
court below held that the proceedings were governed by the new
Arbitration and Conciliation Act, 1996 under which the award was
not even required to be made a rule of Court whereas the Arbitration
proceedings in question having been initiated prior to the
commencement of 1996 Act were governed by the earlier Act of 1940
and since the State has admittedly filed the application under the new
enactment Section 34 thereof, the same was not maintainable and,
therefore, the application deserves to be rejected. She has relied upon
the decision of the Hon'ble Supreme Court in N.S. Nayak and Sons
Vs. State of Goa 2003(3) Arbv.LR 109 (SC) and Milkfood Ltd. Vs.
GMC Ice Cream (P) Ltd. - 2004(1) Arb.LR 613 (SC).