M/s. Shree Vishnu Constructions vs. The Engineer in Chief Military Engineering Service & Ors. [Civil Appeal No. 3461 of 2023]
Amendment Act, 2015 amending the scope of the court u/s 11, non-applicable where the notice invoking arbitration was issued prior to 23.10.2015
RELEVANT PARAGRAPH
10. Applying the law laid down by this Court in the cases of Parmar Constructions Company (supra) and Pardeep Vinod Construction Company (supra) and S.P. Singla Constructions Private Limited (supra) to the facts of the case on hand as in the present case the notice invoking arbitration clause was issued on 26.12.2013, i.e., much prior to the Amendment Act, 2015 and the application under Section 11(6) of the Act has been preferred/filed on 27.04.2016, i.e., much after the amendment Act came into force, the law prevailing prior to the Amendment Act, 2015 shall be applicable and therefore the High Court has rightly entered into the question of accord and satisfaction and has rightly dismissed the application under section 11(6) of the Act applying the principal Act, namely, the Arbitration and Conciliation Act, 1996, prevailing prior to the Amendment Act, 2015. We are in complete agreement with the view taken by the High Court. It is observed and held that in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015 and the application under Section 11 for appointment of an arbitrator is made post-Amendment Act, 2015, the provisions of pre-Amendment Act, 2015 shall be applicable and not the Amendment Act, 2015.