Supreme Court in S.B.P. and Co. v. Patel Engineering Ltd. . Their Lordships had recorded these twelve conclusions, of which the fourth is relevant ... definitive pre-decision on this question. The seven Judge Bench in Patel Engineering had been constituted to settle the question of whether the appointment
Arbitration Act are complementary
provisions as was held in Patel Engg. Ltd. The object and purpose
behind the two provisions is identical to compel ... incorporate an arbitration clause. Thereafter,
reference was specifically made to Patel Engg. Ltd. and Boghara
Polyfab (P) Ltd. to observe that the legislative policy
Judge Constitution Bench of this
Court in SBP & Co. v. Patel Engg. Ltd. 2, defined the scope of
power of the Chief Justice under ... under Section 11 , at the pre-
reference stage. The decision in Patel Engg.2 was followed by
this Court in Boghara Polyfab 3, Master Construction
wide in view of the
decisions in SBP & Co. v. Patel Engg. Ltd., ( 2005) 8
SCC 618 and National Insurance Co. Ltd. v. Boghara ... Arbitration Act are
complementary provisions as was held in Patel Engg.
Ltd. [SBP & Co. v. Patel Engg. Ltd., (2005) 8 SCC
618] The object
submission has referred the following judgments:-
(i) SBP & Co. vs. Patel Engineering Ltd. and another,
(2005) 8 Supreme Court Cases 618
( ii) Jindal Steel ... case of S.B.P. & Co. vs. Patel
Engineering Ltd. and another , reported in 2005(3) Arb. LR 285 (SC)
and particularly, paras
even being justified by the
Petitioner. In M/s Patel Engineering Limited v. UOI & Anr 2012 (11) SCC
257 it was observed at para ... impugned decision was taken."
24. Reliance was placed on Patel Engineering (supra) to argue that in a
case where the bidder was declared successful
respondents,
as has been held by the Supreme Court in Patel Engineering Ltd. vs.
Union of India (2012) 11 SCC 257 and by this Court ... opinion, cannot be accepted. As
held by the Supreme Court in Patel Engineering Ltd. (supra), the
authority of State to blacklist a person
counsel for the respondent No.1 SDMC has referred to
Patel Engineering Limited Vs. Union of India (2012) 11 SCC 257 where,
in the context ... dicta of the Supreme Court in Patel Engineering
Limited supra is concerned, a perusal thereof shows that in that case , before
passing the order
decision read as
under:-
"154.1. Ratio of the decision in Patel Engg. Ltd. [SBP & Co. v. Patel
Engg
Dr Bina Modi vs Lalit Kumar Modi & Ors on 24 December, 2020
Equivalent citations
