MILK FOOD LTD. versus M/S. GMC ICE CREAM (P) LTD.

MILK FOOD LTD. versus M/S. GMC ICE CREAM (P) LTD.

Commencement of arbitration proceedings depends on service of notice/request for appointment of arbitrator; proceedings commenced before 1996 Act come into force are governed by 1940 Act; change in constitution of arbitral tribunal is irrelevant for determining commencement; in present case, the date of service of notice for appointment is decisive.

Parties
Appellant Supplier: Milk Food Ltd.; Respondent Manufacturer: GMC Ice Cream (P) Ltd.
Jurisdiction
India
Judgment Date
05 April 2004
Procedural Posture
Civil Appeal / Supreme Court Decision
Outcome
Main Civil Appeal No. 9672/2003 allowed; connected Civil Appeal Nos. 9673-9674/2003 dismissed; no costs.
Legal Topics
Commencement of Arbitration Proceedings, Transitional Provisions, Application of Arbitration Act, 1940 Vs Arbitration and Conciliation Act, 1996, Interpretation of Arbitration Clauses, Limitation in Arbitration
Arbitration Law Commencement of Arbitration Proceedings Transitional Provisions Application of Arbitration Act, 1940 Vs Arbitration and Conciliation Act, 1996 Interpretation of Arbitration Clauses Limitation in Arbitration

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Parties

Milk Food Ltd.

Appellant Supplier

GMC Ice Cream (P) Ltd.

Respondent Manufacturer

Procedural Posture

Civil Appeal / Supreme Court Decision

Legal Issues

  1. 1 Whether Arbitration Act, 1940 or Arbitration and Conciliation Act, 1996 applies to disputes between parties
  2. 2 Interpretation of 'commencement' of arbitration proceedings under transitional provisions
  3. 3 Effect of notice and constitution of tribunal on legal commencement

Ratio Decidendi

Commencement of arbitration proceedings depends on service of notice/request for appointment of arbitrator; proceedings commenced before 1996 Act come into force are governed by 1940 Act; change in constitution of arbitral tribunal is irrelevant for determining commencement; in present case, the date of service of notice for appointment is decisive.

Court Disposition

Main Civil Appeal No. 9672/2003 allowed; connected Civil Appeal Nos. 9673-9674/2003 dismissed; no costs.

Orders

  • Civil Appeal No. 9672/2003 is allowed.
  • Civil Appeal Nos. 9673-9674/2003 are dismissed.