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august 2007

Supreme Court of India · 2007-08-13

Asian Thermal Insulation (I) P. Ltd vs Bridge & Roof Co. (I) Ltd

Citation / case number
AIR 2007 SUPREME COURT 2877
Court
Supreme Court of India
Petitioner
Asian Thermal Insulation (I) P. Ltd
Respondent
Bridge & Roof Co. (I) Ltd
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court clarified the nature of powers exercised by the Chief Justice under Section 11(6) of the Arbitration and Conciliation Act, 1996, establishing that such powers are judicial and not administrative. The Court upheld the decision in SBP & Co. v. Patel Engineering Ltd., which overruled the previous ruling in Konkan Rly. Corpn. Ltd. v. Rani Construction (P) Ltd., emphasizing that the Chief Justice can delegate these powers only to another judge of the same court or the Supreme Court. The Court held that the designation of a District Judge under Section 11(6) is not permissible under the Act's scheme.

Asian Thermal Insulation (I) P. Ltd vs Bridge & Roof Co. (I) Ltd · Niyam