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Milkfood Ltd vs M/S Gmc Ice Cream (P) Ltd on 5 April, 2004

10. As far as the first argument is concerned, detailed arguments were heard in the matter. Shri G.D. Verma, learned Senior Advocate, placed reliance on a number of judgments of the apex Court and submitted that since the proceedings had commenced under the old Act, the entire Arbitration proceedings have to be governed by the old Act and not under the new Act. I need not cite all the judgments since the law stands crystallized in the judgment of the apex Court reported in Milkfood Ltd. v. GMC Ice Cream (P) Ltd. , wherein the Court held that if proceedings have commenced under the Arbitration Act of 1940 then the 1996 Act will not apply. In the present case there can be no manner of doubt that the proceedings had commenced under the old Act in terms of Section 37(3) of the said Act which reads as follows:
Supreme Court of India Cites 53 - Cited by 144 - S B Sinha - Full Document
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