when the
agreement provided for arbitration by serving officer having degree in
Engineering or equivalent, then a Retired High Court Judge cannot be
appointed ... invite our attention to the case of SBP &
Co. v. Patel Engg. Ltd., (2005) 8 SCC 618, wherein this Court has
observed that
Patel Engineering Ltd. & Anr. - (2005) 8 SCC 618 ]
Findings on Issue No.(a) - Whether there exists a valid
arbitration agreement between the parties
Patel Engineering Ltd. and
Anr. JT 2005(9) SC 219 (vide para 46) the Chief Justice or the designated
Judge has the right to decide ... mentioned that the decision of this Court in M/s. Patel
Engineering case (supra) and M/s. Shree Ram Mills Ltd. case (supra)
pertained
Supreme Court in the case of SBP & Co.
vs. Patel Engineering Ltd. [2005 (8) SCC 618]. In view of the
aforesaid judgment there ... laid down by the Supreme Court in the case of
Patel Engineering (supra) it would not be possible to accept the
argument that there
Patel Engineering Ltd., (2005) 8
SCC 618.
RFA(OS)68.2009 Page 3 of 9
6. The learned Single Judge has very concisely traversed the
relevant
Supreme Court in S.B.P. and Co. v. Patel Engineering Ltd.
and Anr. ; AIR 2006 SC 450 provided that the function of the Court
decision in
Northern Railway Administration, Ministry of Railway, New Delhi
Vs. Patel Engineering Company Ltd , 2009(1) RCR (Civil) 306, the
Court held that
scheme aforesaid. After the judgment
in SBP & Co. Vs. Patel Engineering Ltd. AIR 2006 SC 450 notice
is required to be given
judgment of the Supreme Court in SBP & Co. v. Patel Engg. Ltd., AIR 2006 SC 450 :: (2005) 8 SCC 618,.
The legal principles ... good reasons are shown."
20.In SBP & Co. v. Patel Engg. Ltd.,(2005) 8 SCC 618, the Supreme Court considered the provisions
Reliance is placed on para 37 of SBP & Co. Vs Patel Engineering
Ltd AIR 2006 SC 450 to contend that such plea would fall
