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october 2009

Supreme Court of India · 2009-10-21

M/S.S.B.P. & Co vs M/S. Patel Engineering Ltd. & Anr

Citation / case number
2009 AIR SCW 6659
Court
Supreme Court of India
Petitioner
M/S.S.B.P. & Co
Respondent
M/S. Patel Engineering Ltd. & Anr
Author
G.S. Singhvi
Bench
B.S. Chauhan, G.S. Singhvi

Judgment text excerpt

The Supreme Court clarified that the power exercised under Section 11(6) of the Arbitration and Conciliation Act, 1996 is judicial, not administrative, overruling the previous interpretation in Konkan Railway Corporation Ltd. v. Mehul Construction Company. The Court held that orders appointing arbitrators can be challenged under Article 136 of the Constitution, thus allowing the appellants to amend their appeals to contest the appointment of the third arbitrator. The outcome affirmed the legal standing of the appellants to seek redress against the designated Judge's orders.

M/S.S.B.P. & Co vs M/S. Patel Engineering Ltd. & Anr · Niyam