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september 2003

Supreme Court of India · 2003-09-03

State Of West Bengal vs Amritlal Chatterjee

Citation / case number
AIR 2003 SUPREME COURT 4564
Court
Supreme Court of India
Petitioner
State Of West Bengal
Respondent
Amritlal Chatterjee
Author
S.B. Sinha
Bench
S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the order of the Calcutta High Court appointing a new arbitrator under the Arbitration Act, 1940, despite the Arbitration and Conciliation Act, 1996 coming into force. The Court clarified that the arbitration proceedings commenced under the old Act and thus the provisions of the old Act continued to apply. The Court distinguished the case from Thyssen Stahlunion GMBH v. Steel Authority of India Ltd., asserting that the phrase 'in relation to arbitral proceedings' encompasses both court and arbitration proceedings, thereby affirming the High Court's jurisdiction in the matter.

State Of West Bengal vs Amritlal Chatterjee · Niyam