MAHIPATLAL PATEL vs CHIEF ENGINEER

The Supreme Court examined 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 The Court held that the provisions of the repealed Arbitration Act of 1940 applied to the case at hand, affirming the High Court's interpretation. Consequently, the appeal was dismissed, upholding the necessity for the appellant to approach the arbitration tribunal as per the agreement's Clause 50.