M/S SARDAR CONSTRUCTION CO. versus STATE OF GUJARAT

M/S SARDAR CONSTRUCTION CO. versus STATE OF GUJARAT

Arbitration proceedings which had not attained finality before the commencement of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, are validly transferred to the Tribunal, and the provisions of prior Arbitration Act cease to apply to such disputes.

Parties
Petitioner: MIS SARDAR CONSTRUCTION CO.; Respondent: STATE OF GUJARAT
Jurisdiction
India
Judgment Date
25 January 1999
Procedural Posture
Special Leave Petition (civil) / Decision on SLP
Outcome
Petition dismissed
Legal Topics
Transfer of Arbitration Proceedings, Applicability of Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992
Arbitration Public Contracts Transfer of Arbitration Proceedings Applicability of Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992

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Parties

MIS SARDAR CONSTRUCTION CO.

Petitioner

STATE OF GUJARAT

Respondent

Procedural Posture

Special Leave Petition (civil) / Decision on SLP

Legal Issues

  1. 1 Whether arbitration proceedings pending before the commencement of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, should be transferred to the Tribunal
  2. 2 Applicability of provisions of Arbitration Act where award not attained finality at the time of commencement of 1992 Act

Ratio Decidendi

Arbitration proceedings which had not attained finality before the commencement of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, are validly transferred to the Tribunal, and the provisions of prior Arbitration Act cease to apply to such disputes.

Court Disposition

Petition dismissed

Orders

  • The S.L.P. is dismissed.