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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.

Citation / case number
SC 2003/5403
Court
Supreme Court of India
Petitioner
M/S.S.B.P. & CO.
Respondent
M/S. PATEL ENGINEERING LTD.
Author
P.K.BALASUBRAMANYAN
Bench
R.C.LAHOTI CJI & B.N.AGRAWAL & ARUN KUMAR & G.P.MATHUR & A.K.MATHUR &

Judgment text excerpt

The Supreme Court clarified the nature of the function of the Chief Justice or his designate under Section 11 of the Arbitration and Conciliation Act, 1996, holding that it is purely administrative and not judicial or quasi-judicial. The Court reaffirmed the view from Konkan Railway Corporation Ltd. v. Mehul Construction Co. that the Chief Justice cannot decide contentious issues between parties in this context. The judgment emphasized the comprehensive nature of the Arbitration and Conciliation Act, 1996, which replaced earlier arbitration laws in India.

M/S.S.B.P. & CO. vs M/S. PATEL ENGINEERING LTD. · Niyam