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Judgment
The present appeal arises out of an interim Award dated 16.06.2005 and a final Award dated 09.08.2005 by the same Arbitrator. The learned Single Judge dismissed the petition filed under section 34 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as 'Act'), against the said Award. A Division Bench of the Bombay High Court dismissed the appeal filed under section 37 of the Act relying upon this Court's judgment in 'Assam Small Scale Industries Development Corporation Ltd. & Ors v. J.D. Pharmaceuticals & Anr. [(2005) 13 SCC 19].
Learned counsel have brought to our notice a recent judgment of this Court reported as 'M/s. Shanti Conductors (P)Ltd. & Anr. v. Assam State Electricity Board & Ors. [2019 (1) SCALE 747] in which a three Judges' Bench of this Court has overruled the Assam Case(supra).
CIVIL APPEAL NO. 5662 OF 2007
This being the position, we set aside the judgment of the Division Bench and remand the appeal to be decided afresh on all points.
The appeal is allowed in the aforesaid terms.