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july 2003

Supreme Court of India · 2003-07-30

Hythro Power Corporation Ltd vs Delhi Transco Ltd

Citation / case number
AIR 2003 SUPREME COURT 4219
Court
Supreme Court of India
Petitioner
Hythro Power Corporation Ltd
Respondent
Delhi Transco Ltd
Bench
Shivaraj V. Patil, D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court held that the rejection of Hythro Power Corporation Limited's application under Section 11 of the Arbitration and Conciliation Act, 1996 was erroneous as the existence of an arbitration agreement was improperly adjudicated by the High Court. The Court emphasized that the nominee of the Chief Justice has only administrative functions under Section 11 and cannot decide on the validity of the arbitration agreement, which is the jurisdiction of the arbitral tribunal as per Section 16(1) of the Act. The Court set aside the High Court's order and directed that the matter be referred to arbitration.

Hythro Power Corporation Ltd vs Delhi Transco Ltd · Niyam