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october 2005

Supreme Court of India · 2005-10-26

S.B.P. & Co vs Patel Engineering Ltd. & Anr

Court
Supreme Court of India
Petitioner
S.B.P. & Co
Respondent
Patel Engineering Ltd. & Anr
Author
P.K.Balasubramanyan
Bench
R.C.Lahoti, B.N.Agrawal, Arun Kumar, G.P.Mathur, A.K.Mathur, P.K.Balasubramanyan

Judgment text excerpt

The Supreme Court clarified the nature of the Chief Justice's function under Section 11 of the Arbitration and Conciliation Act, 1996, affirming that it is purely administrative and does not involve adjudicating contentious issues between parties, as established in Konkan Railway Corporation Ltd. v. Mehul Construction Co. The Court upheld the view that the Chief Justice or nominee's role is limited to appointing arbitrators without engaging in judicial or quasi-judicial functions. The appeals questioning this interpretation were dismissed, reinforcing the existing legal framework.

S.B.P. & Co vs Patel Engineering Ltd. & Anr · Niyam