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august 2000

Supreme Court of India · 2000-08-21

KONKAN RAILWAY CORPN. LTD. & ORS. vs M/S. MEHUL CONSTRUCTION CO.

Citation / case number
SC 1999/60550
Court
Supreme Court of India
Petitioner
KONKAN RAILWAY CORPN. LTD. & ORS.
Respondent
M/S. MEHUL CONSTRUCTION CO.
Author
G.B.PATTANAIK,DORASWAMY RAJU,S.N.VARIAVA
Bench
G.B.PATTANAIK,DORASWAMY RAJU,S.N.VARIAVA

Judgment text excerpt

The Supreme Court addressed the nature of orders passed by the Chief Justice or his nominee under Section 11(6) of the Arbitration and Conciliation Act, 1996, clarifying that such orders are administrative and not judicial in nature. The Court held that an application under Article 136 of the Constitution cannot be entertained against these administrative orders. The judgment emphasized the legislative intent behind the 1996 Act, distinguishing it from the previous Arbitration Act of 1940, and outlined the appropriate approach for the Chief Justice in appointing arbitrators.

KONKAN RAILWAY CORPN. LTD. & ORS. vs M/S. MEHUL CONSTRUCTION CO. · Niyam