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.