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2003 (4) TMI 437 - SUPREME COURTWhether Arbitration Act, 1940 would apply in the facts and circumstances of the case ? Held that:- It is the Division Bench of the High Court which took the view that the 1996 Act applied in the facts of the case. Against the said view of the Division Bench of the High Court this Court entertained the present appeal. Therefore, the matter having remained subjudice, there was no occasion for the appellant to apply for setting aside the award. The question whether time for making an application for setting aside an award can be extended will have to be decided as and when an application for that purpose is made. Then alone the stage for a judicial decision on the point will arise. Therefore, at this stage we need not go into this question, the same is left open to be decided as and when occasion arises. This appeal is dismissed leaving the parties to bear their respective costs.
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