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    <title>2009 (11) TMI 984 - Bombay High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=197109</link>
    <description>In domestic arbitration, service of the notice invoking arbitration is the determinative date for commencement of proceedings. Where that notice was served before the Arbitration and Conciliation Act, 1996 came into force, the reference and its legal consequences remained governed by the Arbitration Act, 1940 under the repeal-and-saving provision, and the award and decree could not be treated as void merely because the award was made later. The executing court was therefore wrong to hold the award and decree a nullity, particularly where the respondent had withdrawn its jurisdictional objection and participated in the arbitration. The impugned order rejecting execution was set aside.</description>
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    <pubDate>Mon, 16 Nov 2009 00:00:00 +0530</pubDate>
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      <title>2009 (11) TMI 984 - Bombay High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=197109</link>
      <description>In domestic arbitration, service of the notice invoking arbitration is the determinative date for commencement of proceedings. Where that notice was served before the Arbitration and Conciliation Act, 1996 came into force, the reference and its legal consequences remained governed by the Arbitration Act, 1940 under the repeal-and-saving provision, and the award and decree could not be treated as void merely because the award was made later. The executing court was therefore wrong to hold the award and decree a nullity, particularly where the respondent had withdrawn its jurisdictional objection and participated in the arbitration. The impugned order rejecting execution was set aside.</description>
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      <pubDate>Mon, 16 Nov 2009 00:00:00 +0530</pubDate>
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