Mahipatlal Patel vs Chief Engineer & Anr

The Supreme Court analyzed the interpretation of Section 85 of the Arbitration and Conciliation Act, 1996, in the context of an appeal against a High Court order that rejected an application for the appointment of an arbitrator under Section 11. The Court held that the provisions of the repealed Arbitration Act of 1940 applied to the case at hand, affirming the High Court's decision that the arbitration clause in the agreement mandated referral to a specific arbitration tribunal rather than an appointment under Section 11. Consequently, the appeal was dismissed, upholding the High Court's interpretation.