Search Results Page
Search Results
1 - 10 of 10 (0.21 seconds)Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 42 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 2 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 36 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Article 136 in Constitution of India [Constitution]
Konkan Railway Corpn. Ltd. & Ors vs M/S. Mehul Construction Co on 21 August, 2000
11. The Apex Court held in Konkan Railway Corporation Ltd. v. Mehul Construction Co., (2000) 7 SCC 201, that the order passed under Section 11(6) of the Act by the Chief Justice of the High Court or his nominee is an administrative order.
Ador Samia Private Limited vs Peekay Holding Limited And Ors on 20 August, 1999
Ltd. v. Peekay Holdings Ltd., (1999) 8 SCC 572, that the order passed by the Chief Justice under Section 11(6) of the Act being administrative in nature cannot be subjected to any challenge directly under Article 136 of the Constitution of India.
M/S. Konkan Railway Corporation Ltd. & ... vs M/S. Rani Construction Pvt. Ltd on 30 January, 2002
In a subsequent decision in Konkan Railway Corporation Ltd. and Anr. v. Rani Construction (P.) Ltd., 2001 (1) AWC 59 (SC) : (20OO) 8 SCC 159, the question had been again referred for consideration to larger Bench. The above reference was decided by five Judges Bench of the Apex Court and was in (2002) 2 SCC 388. It was held by the majority decision that the appointment of arbitrator by the Chief Justice or his designate is not a judicial function resulting in an adjudicatory order and thus not open to challenge under Article 136 of the Constitution of India. Section 11 of the Act does not contemplate a decision on any controversy that the other party may raise. It was also held by the Apex Court in the case Ador Samia (P.)
Union Of India vs M/S. M.S. Sachdeva on 28 August, 2000
Relying on the above decisions, the Division Bench of this Court in Union of India v. M. S. Sachdeva, 20OO (4) AWC 2743 : 2OOO (40) ALR 804 and Union of India v. Chief Justice of High Court of Judicature at Allahabad, 2001 (3) AWC 1912 : 2001 (41) ALR 192, held that the order passed under Section 11(6) of the Act appointing an arbitrator is not a judicial function, but administrative one.
1