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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
SC 2005/29217
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 judicial nature of the powers exercised by the Chief Justice under Section 11(6) of the Arbitration and Conciliation Act, 1996, overruling the previous decision in Konkan Rly. Corpn. Ltd. v. Rani Construction (P) Ltd. The Court held that the Chief Justice's power is judicial and can only be delegated to another judge of the same court or the Supreme Court. The judgment emphasized that the Chief Justice or designated judge has the authority to decide on preliminary aspects such as the existence of a valid arbitration agreement and the qualifications of the arbitrator.

ASIAN THERMAL INSULATION (I) P.LTD. vs BRIDGE & ROOF CO.(I) LTD. · Niyam