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september 2003

Supreme Court of India · 2003-09-03

STATE OF W.B. vs AMRITLAL CHATTERJEE

Citation / case number
SC 1996/19423
Court
Supreme Court of India
Petitioner
STATE OF W.B.
Respondent
AMRITLAL CHATTERJEE
Bench
V.N. KHARE CJ & S.B. SINHA

Judgment text excerpt

The Supreme Court held that the Arbitration and Conciliation Act, 1996 applies to arbitral proceedings that commence after its enactment, while the Arbitration Act, 1940 continues to govern proceedings that began prior to that date. The Court clarified that the commencement of arbitration proceedings is determined by when the request for arbitration is received by the respondent, as established in Shetty’s Construction Co. Pvt. Ltd v. Konkan Railway Construction. The appeal against the High Court's order replacing the arbitrator was dismissed, affirming the jurisdiction of the learned Single Judge under the old Act.

STATE OF W.B. vs AMRITLAL CHATTERJEE · Niyam