9911796707
TMI Blog1995 (10) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the resoondent, the award was challenged on the ground that the arbitrator was incompetent to make the award in view of Section 41A(7) of the Arbitration (Orissa Amendment) Act, 1982 (Orissa Act 3 of 1983) which came into force w.e.f. 26.3.1983 and had the effect of amending the Indian Arbitration Act, 1940. Since the date of the award and the date of the enforcement of the amending Act are the same, the question is of the applicability of the said amendment. This is the only question involved for decision in this appeal by special leave. The Arbitration (Orissa Amendment) Act, 1982 was an Act to amend the Arbitration Act, 1940 in its application to the State of Orissa. It received the assent of the president of India on 21.3.198 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be governed by sub-section (7) of Section 41-A ? The controversy really relates to the meaning of the expression "by the said date" occurring in sub-section (7). The contention of learned counsel for the appellant is that the arbitration proceeding in the present case was not pending before the arbitrator on 26.3.1983 which is the date of commencement of the Act as the award had been made on that day. He submits that the date of commencement of the Act is to be included in the expression "by the said date" and, therefore, the arbitrator was not divested of jurisdiction to make the award on 26.3.1983. On the other hand, learned counsel for the respondent contends that the Act having come into force on 26.3.1983, an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act, namely, 26.3.1983. The meaning of the second expression should be consistent with that of the first expression since the two could not be used to create a conflict. The purpose of sub-section (7) is to divest the arbitrator of authority to make the award in all such arbitration proceedings which were pending before the arbitrator on the date of commencement of the said Act and to provide for their automatic transfer to the Arbitration Tribunal. The General Clauses Act. 1897 provides that unless the contrary is expressed, an Act shall be construed as coming into operation immediately on the expiration of the day preceding its commencement. There being no contrary indication in the Act, it must be held that the said Act came into force ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds, if the arbitration proceedings had been closed but the arbitrator had not made the award till the midnight between 25th and 26th March, 1983 when the Act came into force, it was a pending arbitration proceeding governed by sub-section (7). Acceptance of the appellant's contention would amount to holding that even though the Act had come into force on the midnight between 25th and 26th March, 1983, an award made thereafter on 26th March, 1983 was not a pending arbitration proceeding on the date of commencement of the Act. Unless meaning of the expression "by the said date" used in sub-section (7) be only that suggested by learned counsel for the appellant, the construction which would harmonise with the meaning of the earlier e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, 26.3.1983. This would be the harmonious construction of the two expressions in the provision. Obviously, an award made on 26.3.1983 cannot be said to be an award made before 26.3.1983 and, therefore, the award in the preset case having been made on 26.3.1983 and not before 26.3.1983, the date of commancement of the Act, the arbitrator had no jurisdiction to make the award as it was a pending arbitration proceeding which automatically stood transferred to the Arbitration Tribunal. Learned counsel for the appellant has referred to some decisions wherein the word 'by' has been construed to mean that it includes the end or the expiry of the date or period indicated. As we have indicated, the meaning of the word 'by' is both 'before' as we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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