Supreme Court of India · 2003-08-21
Bihar State Mineral Dev. Corpn. & Anr vs Encon Builders (I) Pvt. Ltd
- Citation / case number
- AIR 2003 SUPREME COURT 3688
- Court
- Supreme Court of India
- Petitioner
- Bihar State Mineral Dev. Corpn. & Anr
- Respondent
- Encon Builders (I) Pvt. Ltd
- Author
- S.B. Sinha
- Bench
- Chief Justice, S.B. Sinha
Judgment text excerpt
The Supreme Court examined the maintainability of an appeal under Section 39(1)(i) of the Arbitration Act, 1940, against an order allowing an arbitration application. The Court addressed whether a challenge to the appointment of an arbitrator or the initiation of arbitration proceedings could be sustained when the underlying contractual disputes were evident. The ruling reinforces the procedural requirements for appealing arbitration-related orders and the limited scope of judicial interference at the preliminary stage of arbitration.