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october 2005

Supreme Court of India · 2005-10-26

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

Citation / case number
AIR 2006 SUPREME COURT 450
Court
Supreme Court of India
Petitioner
M/S S.B.P. & Co
Respondent
M/S Patel Engineering Ltd. & Anr
Author
P.K. Balasubramanyan
Bench
R.C. Lahoti, B.N. Agrawal, Arun Kumar, 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 not judicial or quasi-judicial, as established in Konkan Railway Corpn. Ltd. Vs. Mehul Construction Co. [(2000) 7 SCC 201] and further approved in Konkan Railway Corpn. Ltd. & anr. Vs. Rani Construction Pvt. Ltd. [(2002) 2 SCC 388]. The Court held that the Chief Justice or his nominee cannot resolve contentious issues between parties when appointing an arbitrator. The judgment reinforces the procedural framework of the Arbitration and Conciliation Act, 1996, which replaced the earlier Arbitration Act of 1940.

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