KONKAN RAILWAY CORPORATION LIMITED Vs. RANI CONSTRUCTION PRIVATE LIMITED
LAWS(SC)-2002-1-93
SUPREME COURT OF INDIA
Decided on January 30,2002

KONKAN RAILWAY CORPORATION LIMITED Appellant
VERSUS
RANI CONSTRUCTION PRIVATE LIMITED Respondents





Cited Judgements :-

UNION OF INDIA AND ORS VS. PAWAN AND CO [LAWS(P&H)-2010-3-287] [REFERRED]
JAI AMBAY FILLING STATION THROUGH ITS PARTNERS VS. INDIAN OIL CORPORATION LTD AND ANR [LAWS(P&H)-2010-8-368] [REFERRED]
PUNJAB STATE POWER CORPORATION LIMITED VS. ARBITRATION TRIBUNAL AND OTHERS [LAWS(P&H)-2019-12-240] [REFERRED TO]
NIIT Limited VS. Ashish Deb [LAWS(MAD)-2004-2-152] [REFERRED TO]
INTERNATIONAL AMUSEMENT LIMITED VS. INDIA TRADE PROMOTION ORGANISATION [LAWS(SC)-2014-12-64] [REFERRED TO]
BIHAR RAJYA PUL NIRMAN LTD THROUGH ITS MANAGING DIRECTOR SARDAR PATEL MARG OF MANGLES ROAD PATNA VS. PILE ENGINEERING INDIA P LTD THROUGH ITS MANAGING DIRECTOR SRI MANORANJAN KUMAR SINHA NEW DAK BUNGLOW ROAD PATNA [LAWS(PAT)-2012-2-58] [REFERRED TO]
GAS AUTHORITY OF INDIA LTD VS. KETI CONSTRUCTION INDIA LTD [LAWS(SC)-2007-5-63] [REFERRED TO]
S B P AND COMPANY VS. PATEL ENGINEERING LTD [LAWS(SC)-2009-10-37] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LIMITED VS. PINKCITY MIDWAY PETROLEUMS [LAWS(SC)-2003-7-1] [REFERRED]
RAMESHWAR DAS AGRAWAL VS. KIRAN AGRAWAL [LAWS(SC)-2007-11-63] [REFERRED TO]
RAJ KUMAR RAGHAWENDRA PRASAD NARAIN SINGH ALIAS RADHVENDRA PRASAD NARAIN SINGH VS. ASHIANA LAND DEVELOPMENTS AND PROJECTS PRIVATE LIMITED [LAWS(PAT)-2003-8-13] [REFERED TO]
RAMA CONSTRUCTION COMPANY VS. HIGH COURT OF DELHI [LAWS(DLH)-2010-7-439] [REFERRED TO]
GANESH BENZOPLAST LTD VS. SAF YEAST COMPANY LTD [LAWS(BOM)-2007-4-25] [REFERRED TO]
UNION OF INDIA VS. MAA AGENCY [LAWS(BOM)-2002-10-51] [REFERRED TO]
C M C LIMITED VS. UNIT TRUST OF INDIA [LAWS(BOM)-2003-10-13] [REFERRED TO]
MADHUCON PROJECTS LIMITED VS. B GIRIJAPATHI REDDY AND CO [LAWS(APH)-2010-10-69] [REFERRED TO]
A RAMAKRISHNA VS. UNION OF INDIA [LAWS(APH)-2004-9-25] [REFERRED TO]
PRINCIPAL SECRETARY TO GOVT OF AP TRANSPORT ROADS BUILDINGS DEPARTMENT HYDERABAD VS. PPRABHAKAR REDDY [LAWS(APH)-2003-1-136] [REFERRED TO]
SURENDER SINGH BABAJ VS. HARMEET SINGH SETHI [LAWS(APH)-2003-10-84] [REFERRED TO]
Macrotech India VS. Uma Roy [LAWS(CAL)-2002-11-8] [REFERRED TO]
UNION OF INDIA VS. HONBLE CHIEF JUSTICE HIGH COURT CALCUTTA [LAWS(CAL)-2005-1-2] [REFERRED TO]
CHIEF ENGINEER BAREILLY VS. KISHORE BANDHU ENGINEER [LAWS(ALL)-2012-1-151] [REFERRED TO]
JAMUNA TRANSPORT CORPORATION LTD VS. GHANASHYAMDAS BAHETI [LAWS(CAL)-2010-7-43] [REFERRED TO]
UNION OF INDIA VS. PALZER MACHINE CRAFT PRIVATE LIMITED [LAWS(CAL)-2017-11-140] [REFERRED TO]
UNION OF INDIA VS. PLAZER MACHINE CRAFT PVT. LTD. [LAWS(CAL)-2016-12-78] [REFERRED TO]
STATE OF JHARKHAND VS. R K CONSTRUCTION PVT LTD [LAWS(JHAR)-2006-4-38] [FERRED TO]
GRASIM INDUSTRIES LTD VS. STATE OF KERALA [LAWS(KER)-2003-11-108] [REFERRED TO]
BOARD OF TRUSTEES OF THE PORT OF CHENNAI RAJAJI SALAI VS. XPRESS CONTAINER LINE (UK) LTD [LAWS(MAD)-2020-9-746] [REFERRED TO]
SASKEN COMMUNICATION TECHNOLOGIES LIMITED VS. PRIME TELESYSTEMS LIMITED [LAWS(DLH)-2002-8-4] [REFERRED TO]
ANITA ELECTRICALS PRIVATE LIMITED VS. NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED [LAWS(DLH)-2003-1-25] [RELIED]
EARNEST BUILDERS VS. UNION OF INDIA [LAWS(DLH)-2002-5-34] [REFERRED]
HIMACHAL PRADESH HOUSING & URBAN DEVELOPMENT AUTHORITY AND ORS. VS. KUNDAN LAL HARI RAM & COMPANY [LAWS(HPH)-2016-3-26] [REFERRED TO]
VINNY ENGINEERING ENTERPRISES P LTD VS. ASSAM STATE WEAVING AND MANUFACTURING CO LTD [LAWS(GAU)-2006-12-52] [REFERRED TO]
UNION OF INDIAN VS. M. VENKATA RAO [LAWS(APH)-2015-6-129] [REFERRED TO]
ANJU TAKYAR VS. H C TAKYAR [LAWS(DLH)-2005-10-87] [REFERRED TO]
RAJKISHAN AND COMPANY VS. CHAIRMAN AND MANAGING DIRECTOR NBCC LTD [LAWS(DLH)-2005-9-156] [REFERRED TO]
CENTRAL COALFIELDS LIMITED VS. C I S C S R S C JOINT VENTURE [LAWS(JHAR)-2020-7-39] [REFERRED TO]
INDIA TRADE PROMOTION ORGANISATION VS. INTERNATIONAL AMUSEMENT LIMITED [LAWS(DLH)-2007-7-236] [REFERRED TO]
VIJAYKUMAR BHOGILAL PATEL VS. KARIM MOHAMMED MAREDIA [LAWS(BOM)-2003-8-28] [REFERRED TO]
UTTAM CHAND RAKESH KUMAR VS. DERCO FOODS [LAWS(DLH)-2020-11-76] [REFERRED TO]
CHARU LODHA VS. ASIAN HOTELS (NORTH) LTD. [LAWS(DLH)-2020-7-166] [REFERRED TO]
STEEL UTHORITY OF INDIA LIMITED VS. GULF OIL CORPORATION LTD [LAWS(CAL)-2009-10-9] [REFERRED TO]
APEEJAY OXFORD BOOKSTORES PRIVATE LIMITED VS. HOTEL LEELA VENTURE LIMITED [LAWS(CAL)-2007-5-40] [REFERRED TO]
ARATI DHAR VS. S K DUTTA [LAWS(CAL)-2002-3-15] [REFERRED TO]
UNION OF INDIA VS. PAM DEVELOPMENTS PVT LTD [LAWS(CAL)-2003-10-12] [REFERRED TO]
SUBHASH CHANDRA KESARWANI VS. ASSISTANT REGISTRAR FIRMS SOCIETIES AND CHITS ALLAHABAD AND ANOTHER [LAWS(ALL)-2003-2-87] [REFERRED TO]
NATIONAL PROJECT CONSTRUCTION AND CORPORATION LIMITED VS. UNION OF INDIA [LAWS(CAL)-2014-9-154] [REFERRED TO]
THE ANDAMAN AND NICOBAR ADMINISTRATION VS. M/S ABS MARINE SERVICES [LAWS(CAL)-2018-7-290] [REFERRED TO]
SATYA PRAKASH AND BROS. PVT. LTD VS. STATE OF U.P. [LAWS(ALL)-2010-2-156] [REFERRED TO]
SURESH CHAND AGARWAL VS. MAHESH KUMAR [LAWS(ALL)-2013-3-145] [REFERRED TO]
Texport Overseas Pvt. Ltd., represented by its Director Mr. Satish Kumar Goenka VS. Canara Bank [LAWS(KAR)-2010-11-131] [REFERRED TO]
BRAHMAPUTRA INFRASTRUCTURE LTD. VS. ASSAM VEGETABLE & OIL PRODUCTS LTD. [LAWS(GAU)-2021-9-10] [REFERRED TO]
ASSOCIATED CONSTRUCTION CORPO VS. UNION OF INDIA (UOI) OWNING AND MININGWESTERN RAILWAY [LAWS(GJH)-2009-10-241] [REFERRED TO]
SUDHIR GOEL VS. S P SABARWAL [LAWS(DLH)-2002-3-85] [REFERREE]
ASSOCIATES INDIA FINANCIAL SERVICES PVT LTD VS. JAIRAJ SHETTY [LAWS(DLH)-2004-1-25] [REFERRED TO]
PRAKASH PRAMESH VS. DIRECTOR OF EDUCATION [LAWS(DLH)-2002-9-74] [REFERRED = I(2002) CIVIL LAW TIMES L77(SC)=(2002) 2 SCC 388.]
AMARNATH CHARANJI LAL VS. DCM DAEWOO MOTORS LIMITED [LAWS(DLH)-2002-9-232] [REFERRED]
PASUPATI FABRICS LTD VS. NIRMAL [LAWS(DLH)-2004-11-71] [REFERRED TO]
WIPRA FINACE LTD VS. SRG INFOTECH LTD [LAWS(DLH)-2005-12-104] [REFERRED TO]
PRASAR BHARTI VS. FAME COMMUNICATIONS [LAWS(DLH)-2005-3-17] [REFERRED TO]
DODBALLAPUR INTEGRATED TEXTILE PARK LIMITED VS. VINOD G. JAIN [LAWS(KAR)-2023-3-471] [REFERRED TO]
Narendra Nath Panda VS. Union of India [LAWS(ORI)-2007-7-47] [REFERRED TO]
CAPITAL URBAN HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. VS. PHANI BHUSAN KANUNGO AND ANR. [LAWS(ORI)-2011-6-19] [REFERRED TO]
STATE OF ORISSA VS. GOKULANANDA JENA [LAWS(SC)-2003-7-38] [REFERRED]
TRANSMISSION CORPORATION OF AP LTD VS. LANCO KONDAPALLI POWER PVT LTD [LAWS(SC)-2005-12-41] [REFERRED TO]
MAHARSHI DAYANAND UNIVERSITY VS. ANAND CO OP SOCIETY LTD [LAWS(SC)-2007-4-141] [REFERRED TO]
MANJU VARMA VS. STATE OF U P [LAWS(SC)-2004-11-68] [REFERRED TO]
KINNARI MULLICK AND ANOTHER VS. GHANSHYAM DAS DAMANI [LAWS(SC)-2017-4-105] [REFERRED TO]
Aban Loyd Chile Offshore LTD VS. Subash Projects AND Marketing Ltd [LAWS(MAD)-2005-12-55] [REFERRED TO]
ARUL SIGAMANI VS. PAUL DURAI AND PERUMAL [LAWS(MAD)-2010-9-389] [REFERRED TO]
PUNJAB STATE CIVIL SUPPLIES CORPN. LTD VS. AMAN RICE MILLS [LAWS(P&H)-2004-4-75] [REFERRED TO]
SMT. SUDARSHAN CHOPRA AND ORS. VS. VIJAY KUMAR CHOPRA AND ORS. [LAWS(P&H)-2002-4-124] [REFERRED TO]
RAJ KUMAR DUA VS. CALTEX LUBRICANTS INDIA LTD., CHENNAI [LAWS(MPH)-2004-10-61] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. HANJER FIBERS LIMITED [LAWS(GJH)-2003-4-1] [REFERRED]
EXECUTIVE ENGINEER VS. ANIL SHARMA, PROPRIETARY [LAWS(JHAR)-2020-8-37] [REFERRED TO]
INDIAN OIL CORPORATION LIMITED VS. KIRAN CONSTRUCTION COMPANY LIMITED [LAWS(DLH)-2002-9-72] [REFERRED TO]
PRASAR BHARTI VS. JOSLIN COMMUNICATIONS PVT LTD [LAWS(DLH)-2005-3-18] [REFERRED TO]
MIC ELECTRONICS LIMITED VS. INTERNATIONAL TECHNO MEDIA PVT LTD [LAWS(APH)-2011-11-42] [REFERRED TO]
SAI JITESH CONSTRUCTION P LTD VS. Y VIJAYALAKSHMI [LAWS(APH)-2011-2-40] [REFERRED TO]
SAI JITESH CONSTRUCTIONS (P) LIMITED VS. Y. VIJAYALAKSHMI [LAWS(APH)-2011-2-94] [REFERRED TO]
PAMPA HOTELS LTD VS. A P TOURISM DEVELOPMENT CORPORATION LTD [LAWS(APH)-2005-8-57] [REFERRED TO]
TECH MAHINDRA LIMIRED VS. VENTURE GLOBLE ENGINEERING LLC [LAWS(APH)-2013-8-96] [REFERRED TO]
MWC MARKET SERVICES PRIVATE LIMITED VS. STATE OF MANIPUR [LAWS(GAU)-2002-5-20] [REFERRED TO]
SHROLENSON HARBANIANG VS. NORTH EASTERN ELECTRIC POWER CORPN [LAWS(GAU)-2002-2-4] [REFERRED TO]
SUPRIYA KUMAR SAHA AND ORS VS. UNION OF INDIA AND ORS [LAWS(CAL)-2013-12-132] [REFERRED]
UNION OF INDIA VS. PANIHATI RUBBER LIMITED [LAWS(CAL)-2014-2-70] [REFERRED TO]
GULF OIL CORPORATION LTD VS. STEEL AUTHORITY OF INDIA LTD [LAWS(CAL)-2006-4-52] [REFERRED TO]
ICICI BANK LIMITED VS. WELWAYS ENGINEERS (INDIA) [LAWS(BOM)-2016-3-117] [REFERRED TO]
SOLAPUR MUNICIPAL CORPORATION VS. GARUDA AVIATION SERVICES PVT. LTD [LAWS(BOM)-2013-3-69] [REFERRED TO]
GTC LIMITED VS. ROYAL CONSULTING RV BEING A COMPANY REGISTERED UNDER THE LAWS OF HOLLAND AND [LAWS(BOM)-2002-11-1] [REFERRED TO]
ION EXCHANGE INDIA LIMITED VS. PARAMOUNT LIMITED [LAWS(BOM)-2002-11-34] [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. GARWARE SHIPPING CORPORATION LTD [LAWS(BOM)-2003-8-2] [REFERRED TO]
SINGHAL VS. MAHANAGAR TELEPHONE NIGAM LTD [LAWS(BOM)-2005-4-129] [REFERRED TO]
INEOS COMMERCIAL SERVICES UK LTD VS. ESSAR OIL LTD [LAWS(GJH)-2012-10-135] [REFERRED TO]
G R D PROFILES LTD VS. M P E B [LAWS(MPH)-2004-1-40] [REFERRED TO]
P O WAIDHAN VS. NORTHERN COALFIELDS LIMITED [LAWS(MPH)-2008-6-5] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION VS. NAND LAL SARASWAT [LAWS(RAJ)-2004-11-4] [REFERRED TO]
PUNJAB AGRO INDUSTRIES CORPORATION LIMITED VS. KEWAL SINGH DHILLON [LAWS(P&H)-2010-8-568] [REFERRED]
UNION OF INDIA VS. PENT OCEAN STEAM SHIPS PRIVATE LIMITED [LAWS(GJH)-2003-7-62] [REFERRED]
QUIPPO CONSTRUCTION EQUIPMENT LIMITED VS. JANARDAN NIRMAN PVT. LIMITED [LAWS(SC)-2020-4-38] [REFERRED TO]
ZOSTEL HOSPITALITY VS. ORAVEL STAYS [LAWS(SC)-2018-9-189] [REFERRED TO]
GETIT INFORMDIARY LIMITED VS. PRINCIPAL GENERAL MANAGER TELECOMMUNICATIONS BHARAT SANCHAR NIGAM LIMITED COIMBATORE [LAWS(MAD)-2004-5-29] [REFERRED TO]
GENERAL MANAGER TELECOM MADURAI SECONDARY SWITCHING AREA DEPARTMENT OF TELECOMMUNICATION NOW BHARAT SANCHAR NIGAM LIMITED BSNL MADURAI VS. SESA SEAT INFORMATION SYSTEMS LIMITED PUNE [LAWS(MAD)-2005-7-233] [REFERRED TO]
SUPERINTENDING ENGINEER VS. D G DEIVASIGAMANI [LAWS(MAD)-2007-6-397] [REFERRED TO]
LUDHIANA IMPROVEMENT TRUST VS. TODAY HOMES AND INFRASTRUCTURE PVT LIMITED [LAWS(SC)-2008-10-72] [REFERRED TO]
ANGANG GROUP INTNL TRADING CORPORATION VS. PIPAVAV RAILWAY CORPORATION LIMITED [LAWS(SC)-2003-5-30] [REFERRED TO]
S B P AND CO VS. PATEL ENGINEERING LTD [LAWS(SC)-2005-10-34] [OVERRULED]
K.VISWANATH VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-9-238] [REFERRED TO]
ANITA GARG VS. GLENCORE GRAIN ROTTERDAM B V [LAWS(DLH)-2011-8-263] [REFERRED TO]
VIDYAWATI CONSTRUCTION COMPANY VS. UNION OF INDIA [LAWS(ALL)-2020-11-45] [REFERRED TO]
VIDYAWATI CONSTRUCTION COMPANY VS. UNION OF INDIA [LAWS(ALL)-2020-11-45] [REFERRED TO]
ARUN NIRULA VS. VIDYA GANDHI [LAWS(DLH)-2005-3-15] [REFERRED TO]
PASUPATI FABRICS LTD. VS. HARIKISHAN B. MARWADI [LAWS(DLH)-2002-5-303] [REFERRED TO]
GURMUKH SINGH VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2002-9-10] [REFERRED TO]
BPL COMMUNICATIONS LIMITED VS. PUNJ LLOYD LIMITED [LAWS(DLH)-2003-11-41] [REFERRED]
SANJEEV SARIN VS. RITA WADHWA [LAWS(DLH)-2002-12-55] [REFERRED TO]
SURVI PROJECTS VS. VEDA RESEARCH LAB PRIVATE LIMITED [LAWS(DLH)-2002-12-85] [REFERRED TO]
ORIENT PAPER AND INDUSTRIES LTD VS. SHAUN AUTOMOBILES PVT LTD [LAWS(CAL)-2011-8-156] [REFERRED TO]
Union of India UOI VS. Pioneer Construction [LAWS(CAL)-2003-5-11] [REFERRED TO]
UNION OF INDIA VS. MAJOR V P NAJHAWAN [LAWS(GAU)-2007-8-7] [REFERRED TO]
ABU BAKKAR BARBHUIYA VS. MOINUL HAQUE BARBHUIYA [LAWS(GAU)-2015-3-4] [REFERRED TO]
GENERAL MANAGER, CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION AND ORS. VS. Y. PARTHASARATHY AND ORS. [LAWS(APH)-2015-6-110] [REFERRED TO]
SUN TECHNO CONSTRUCTIONS PRIVATE LIMITED RAILWAY CONTRACORS VS. UNION OF INDIA [LAWS(APH)-2004-4-46] [REFERRED TO]
SAIPEM TRIUNE ENGINEERING PVT LTD VS. INDIAN OIL PETRONAS PVT LTD [LAWS(DLH)-2011-1-286] [REFERRED TO]
PARAMOUNT LIMITED VS. OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(GJH)-2012-7-522] [REFERRED TO]
G N P AUDIO CASSETTE AND ORS VS. COSMOS CO OPERATIVE BANK LTD AND ORS [LAWS(GJH)-2013-8-283] [REFERRED]
SHAH & PARIKH, ENGINEERS & CONTRACTORS VS. URMI TRENCHLESS TECHNOLOGY PVT LTD & ANR [LAWS(BOM)-2019-2-143] [REFERRED TO]
VISHWAJEET SOOD VS. HOTEL SIM SAM PROJECT KATRA [LAWS(J&K)-2005-9-8] [REFERRED TO]
NATIONAL THERMAL POWER CORPORATION LTD VS. RAGHUL CONSTRUCTIONS PVT LTD [LAWS(KER)-2004-12-4] [REFERRED TO]
MODI CONSTRUCTION COMPANY VS. RITES LIMITED A GOVERNMENT OF INDIA ENTERPRISE [LAWS(JHAR)-2003-9-82] [REFERRED TO]
PRATAP ELECTRICAL and CO VS. ASEA BRAN BOVERI LTD [LAWS(JHAR)-2005-2-13] [REFERRED TO]
STATE OF JHARKHAND THROUGH EXECUTIVE ENG.MINOR DISTRIBUTION DIVISION VS. HIMACHAL CONSTRUCTION COMPANY PVT.LTD [LAWS(JHAR)-2005-2-61] [REFERRED TO]
BHARAT COKING COAL LIMITED VS. SOCIO-TECHNO ENVIRONMENTAL INSTITUTE [LAWS(JHAR)-2014-1-37] [REFERRED TO]
GRID CORPORATION OF ORISSA LIMITED VS. AES CORPORATION [LAWS(SC)-2002-10-30] [REFERRED TO]
SECURE INDUSTRIES LIMITED VS. GODREJ AND BOYCE MFG CO LIMITED [LAWS(SC)-2004-2-74] [REFERRED TO]
S B P and CO VS. PATEL ENGINEERING LTD [LAWS(SC)-2005-7-15] [REFERRED TO]
ABHIBUS SERVICES INDIA PVT. LIMITED, HYDERABAD VS. PALLAVAN TRANSPORT CONSULTANCIES SERVICES LTD. [LAWS(MAD)-2022-2-265] [REFERRED TO]
D K GUPTA AND COMPANY VS. INDIAN OIL CORPORATION LIMITED [LAWS(ORI)-2002-3-33] [REFERRED TO]
MIR SINGH VS. PURI CONSTRUCTIONS (P) LTD [LAWS(P&H)-2004-7-103] [REFERRED TO]
VIDHYAWATI CONSTRUCTION CO VS. UNION OF INDIA [LAWS(MPH)-2005-10-29] [REFERRED TO]
LALIT OSWAL VS. A K TRIVEDI [LAWS(MPH)-2009-5-16] [REFERRED TO]
KARNATAKA POWER CORPORATION LIMITED BANGALORE AND ANOTHER VS. G.J. FERNANDEZ [LAWS(KAR)-2003-10-98] [REFERRED TO]
ANTO AUGUSTINE VS. GIRISH KOSHY GEORGE [LAWS(KER)-2022-6-389] [REFERRED TO]
SANDEEP SONI VS. SANJAY ROY AND OTHERS [LAWS(DLH)-2018-9-402] [REFERRED TO]
N L PATEL VS. SADASHIV VISHVANATH [LAWS(GJH)-2004-12-70] [REFERRED TO]
STATE OF JHARKHAND, INFORMATION TECHNOLOGY DEPARTMENT VS. RITES LTD [LAWS(JHAR)-2009-12-95] [REFERRED TO]
Cement Corporation Of India Ltd. VS. Narula Trading Corporation [LAWS(JHAR)-2004-1-98] [REFERRED TO]
SHARDA CONSTRUCTION VS. STATE OF JHARKHAND [LAWS(JHAR)-2004-11-20] [REFERRED TO]
UNION PUBLIC SERVICE COMMISSION VS. CHANDAN KUMAR [LAWS(DLH)-2015-12-581] [REFERRED]
VIJAYKUMAR BHOGILAL PATEL VS. KARIM MOHAMMED MAREDIE [LAWS(BOM)-2003-9-114] [REFERRED TO]
S B P VS. PATEL ENGINEERING LIMITED [LAWS(BOM)-2003-2-71] [REFERRED TO]
BHANDARI UDYOG LIMITED VS. INDUSTRIAL FACILITATION COUNCIL [LAWS(BOM)-2013-11-38] [REFERRED TO]
G. G. TRANSPORT PVT. LTD. VS. BHUPENDRA SINGH ANANDA [LAWS(GAU)-2017-5-111] [REFERRED TO]
MAXON PRINTECH LTD VS. GOVT OF NAGALAND [LAWS(DLH)-2004-11-103] [REFERRED TO]
R K CHAUDHARY and SONS VS. M C D [LAWS(DLH)-2004-9-42] [REFERRED TO]
SUNIL MANCHANDA VS. ANSAL HOUSING and CONSTRUCTION LTD [LAWS(DLH)-2004-9-90] [REFERRED TO]
ASHI PRIVATE LIMITED VS. UNION OF INDIA [LAWS(DLH)-2002-3-15] [REFERRED TO]
BIRLA VXL LIMITED VS. DLF UNIVERSAL LIMITED [LAWS(DLH)-2002-9-129] [REFERRED]
VIJAY VISHWANTH TALWAR VS. MASHREQ BANK PSC [LAWS(DLH)-2003-10-82] [REFERRED TO]
UNION OF INDIA VS. J G ENGINEERS PVT LTD [LAWS(GAU)-2005-2-21] [REFERRED TO]
UNION OF INDIA VS. STATE OF MEGHALAYA [LAWS(GAU)-2007-6-43] [REFERRED TO]
MANIK RATAN BUSINESS PVT. LTD VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2003-5-50] [REFERRED TO]
M VENKATA RAO VS. UNION OF INDIA [LAWS(APH)-2003-9-46] [REFERRED TO]
GSR VENTURE PRIVATE LIMITED VS. STATE OF MIZORAM [LAWS(GAU)-2020-3-156] [REFERRED TO]
SUSHMA JAIN VS. M/S. NAVEEN BOARD CO [LAWS(DLH)-2014-2-365] [REFERRED TO]
SETHI CONSTRUCTIONS VS. KOLKATA WEST INTERNATIONAL CITY PRIVATE LIMITED [LAWS(CAL)-2014-6-60] [REFERRED TO]
I T E C LIMITED VS. INDIA EXHIBITION MANAGEMENT PVT LTD [LAWS(ALL)-2008-5-183] [REFERRED TO]
AMARESH CHOUDHURY VS. GOPINATH KUNDU [LAWS(CAL)-2002-6-20] [REFERRED TO]
UNION OF INDIA (UOI) VS. BUILDERS CORPORATION PVT. LTD. [LAWS(CAL)-2007-12-68] [REFERRED TO]
P. P. THOMAS VS. STATE OF TAMIL NADU [LAWS(MAD)-2022-7-350] [REFERRED TO]
INDUSTRIAL GASES LIMITED VS. KUSUM INGOTS AND ALLOYS LIMITED [LAWS(MPH)-2002-10-34] [REFERRED TO]
ENGINEERING SYSTEMS LIMITED VS. M P ELECTRICITY BOARD [LAWS(MPH)-2002-10-40] [REFERRED TO]
ANDHRA PRADESH TOURISM DEVELOPMENT CORPN LTD VS. PAMPA HOTELS LTD [LAWS(SC)-2010-4-84] [REFERRED TO]
NIKO RESOURCES LIMITED VS. GUJARAT STATE PETROLEUM CORPORATION GSPC [LAWS(SC)-2002-7-16] [REFERRED]
UNION OF INDIA VS. V S ENGINEERING P LTD [LAWS(SC)-2006-11-66] [REFERRED TO]
RAJ KUMAR RAGHAWENDRA PRASAD NARAIN SINGH VS. ASHIANA LAND DEVELOPMENTS [LAWS(PAT)-2002-12-30] [REFERRED TO]
SBI GENERAL INSURANCE CO. LTD VS. KRISH SPINNING [LAWS(SC)-2024-7-73] [REFERRED TO]
M/S. DURO FELGUERA, S.A. VS. M/S. GANGAVARAM PORT LIMITED [LAWS(SC)-2017-10-19] [REFERRED TO]
ENGINEERING DESIGN VS. ORISSA WATER SUPPLY SEWERAGE [LAWS(ORI)-2003-3-2] [REFERRED TO]
VANDANA GLOBAL LTD. VS. SAPPHIRE MINMETALS CORP. LTD [LAWS(CHH)-2012-6-51] [REFERRED TO]
OBERAI CONSTRUCTION PVT LTD VS. WORLI SHIVSHANI CO OP HSG SOCITY LTD [LAWS(BOM)-2008-1-172] [REFERRED TO]
STATE OF CHHATTISGARH & ANR. VS. M/S SAL UDYOG (PVT.) LTD. [LAWS(CHH)-2009-10-49] [REFERRED TO]
M/S. PREM PRAKASH VS. GENERAL MANAGER M/S BHARAT ALUMINIUM [LAWS(CHH)-2016-9-65] [REFERRED TO]
KELKAR AND KELKAR VS. INDIAN AIRLINES [LAWS(BOM)-2003-12-68] [REFERRED TO]
JESMAJO INDUSTRIAL FABRICATIONS - KARNATAKA PVT LTD VS. INDIAN OIL CORPORATION LIMITED A CORPORATION BEING GOVERNMENT OF INDIA [LAWS(BOM)-2003-2-153] [REFERRED TO]
GARWARE SHIPPING CORPORATION LTD VS. OIL AND NATURAL GAS CORPORATION LTD [LAWS(BOM)-2003-3-156] [REFERRED TO]
HBHL-VKS (J.V.) VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2006-8-292] [REFERRED TO]
HBHL-VKS (J.V.) VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2006-8-292] [REFERRED TO]
TULIP HOTELS PVT LTD VS. TRADE WINGS LTD AND ORS [LAWS(BOM)-2015-10-239] [REFERRED]
NATIONAL RUBBER CORPORATION VS. M R CHOUDHARY [LAWS(DLH)-2009-8-14] [REFERRED TO]
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PRECISION ENGINEERS AND FABRICATORS VS. DELHI JAL BOARD [LAWS(DLH)-2002-11-14] [REFERRED]
IQUBAL CONSTRUCTION CO VS. GAS AUTHORITY OF INDIA LTD [LAWS(DLH)-2005-9-32] [RELIED ON]
UNION OF INDIA VS. PAWAN AGGARWAL [LAWS(DLH)-2003-4-1] [REFERRED . 3.]
NHPC LIMITED VS. JV OF JAIPRAKASH ASSOCIATES LTD & NCC TUNNELLING AS (INDIA) [LAWS(DLH)-2016-5-196] [REFERRED TO]
BANERJEE CONSTRUCTION VS. UNION OF INDIA [LAWS(CAL)-2008-3-33] [REFERRED TO]
UNION OF INDIA VS. PAM DEVELOPMENT PVT. LTD. [LAWS(CAL)-2007-9-101] [REFERRED TO]
UNION OF INDIA VS. HONBLE CHIEF JUSTICE HIGH CURT AT CALCUTTA [LAWS(CAL)-2005-8-21] [REFERRED TO]
GREAT EASTERN SHIPPING CO LTD VS. BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA [LAWS(CAL)-2003-9-38] [REFERRED TO]
KOLKATA HOTELS PRIVATE LIMITED VS. UNITED BUILDERS [LAWS(CAL)-2003-3-16] [REFERRED TO]
P E S ENGINEERS PVT LTD VS. ENGINEER-IN-CHARGE [LAWS(ALL)-2006-7-87] [REFERRED TO]
INTOUCH TECHNOLOGIES P LTD VS. ASHWARYA BUILDERS [LAWS(APH)-2004-10-45] [REFERRED TO]
Intouch Technologies India Pvt LTD VS. Ashwarya Builders [LAWS(APH)-2004-11-7] [REFERRED TO]
NATIONAL BUILDINGS CONSTRUCTION CORPORATION LTD VS. M V V SATHYANARAYANA [LAWS(APH)-2002-7-104] [REFERRED TO]
K RAGHURAM RAJU VS. UNION OF INDIA [LAWS(APH)-2003-3-118] [REFERRED TO]
NADENDLA GOPALA RAO VS. STEEL CITY SECURITIES LTD [LAWS(APH)-2010-3-99] [REFERRED TO]
EXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAM VS. BHAVEN CONSTRUCTION [LAWS(GJH)-2012-9-224] [REFERRED TO]
N J DEVANI BUILDERS P LTD VS. UNION OF INDIA [LAWS(GAU)-2002-4-1] [FOLLOWED ON]
SHARDA CONSTRUCTION VS. STATE OF JHARKHAND [LAWS(JHAR)-2004-8-30] [REFERRED TO]
DINESH LAL DAS VS. BHARAT COKING COAL LTD [LAWS(JHAR)-2005-3-44] [REFERRED TO]
STATE OF JHARKHAND VS. RITES LTD [LAWS(JHAR)-2009-12-13] [RELIED ON]
INDIAN OIL CORPORATION LTD VS. K.L.KUMAR [LAWS(MAD)-2017-8-30] [REFERRED TO]
BHADRAKUMAR DAS VS. KRISHNA KUMAR [LAWS(KER)-2013-6-237] [REFERRED TO]
JAYKAY ASSOCIATES VS. ISHWAR BHUVAN HOTELS LIMITED [LAWS(GJH)-2002-11-15] [REFERRED]
MATHER AND PLATT INDIA LIMITED VS. INDIA PETROCHEMICALS CORP LIMITED [LAWS(GJH)-2002-8-61] [REFERRED TO]
Bharat Coking Coal Limited VS. Socio Techno Environmental Institute [LAWS(JHAR)-2002-12-62] [REFERRED TO]
MOHAMMADALI MOHAMMADHUSAIN GANDHI VS. UNIVERSAL ICON BUILDERS [LAWS(GJH)-2020-1-134] [REFERRED TO]
IVRCL LIMITED VS. GUJARAT STATE PETROLEUM CORPORATION LIMITED [LAWS(GJH)-2017-8-248] [REFERRED TO]
BHARAT SANCHAR NIGAM LTD. VS. NATIONAL TELECOM OF INDIA LTD. AND ORS. [LAWS(DLH)-2016-1-47] [REFERRED TO]
CHENNA REDDY Y VS. UNION OF INDIA [LAWS(APH)-2002-10-87] [REFERRED TO]
V.B. COLD STORAGE PRIVETE LIMITED VS. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY [LAWS(APH)-2021-9-31] [REFERRED TO]
NARAYAN PRASAD JALAN VS. CHETAN P S CHAUHAN [LAWS(DLH)-2005-8-73] [REFERRED TO]
SUN TECHNO CONSTRUCTIONS PRIVATE LIMITED RAIL VS. GENERAL MANAGER SOUTH CENTRAL RAILWAY [LAWS(APH)-2004-4-17] [REFERRED TO]
SAIPRIYA ESTATES VS. V V L SUJATHA [LAWS(APH)-2008-3-3] [REFERRED TO]
SURENDER SINGH BAJAJ S O LATE SARDAR PREM SINGH C O FERRO INSULATION PRIVATE LIMITED HYDERABAD SECUNDERABAD VS. HARMEET SINGH SETHI [LAWS(APH)-2003-10-46] [REFERRED TO]
R VENKAT REDDY HYDERABAD VS. UNION OF INDIA [LAWS(APH)-2003-3-146] [REFERRED TO]
VILAS S O LAXMANRAO KAWARE VS. GANESH BUILDERS [LAWS(BOM)-2005-1-96] [REFERRED TO]
PRADEEP V NAIK VS. SULAKSHANA A NAIK [LAWS(BOM)-2005-7-85] [REFERRED TO]
BRIJ BHUSHAN VERMA VS. SOUTH EASTERN COALFIELDS LTD. [LAWS(CHH)-2014-1-9] [REFERRED TO]
SAIPEM TRIUNE ENGINEERING PVT LTD VS. INDIAN OIL PETRONAS PVT LTD [LAWS(DLH)-2011-1-543] [REFERRED]
MUNICIPAL CORPORATION OF DELHI VS. D. PAL AND COMPANY [LAWS(DLH)-2008-1-193] [REFERRED TO]
NAVSARI PEOPLES CO-OPERATIVE BANK LTD. VS. NATIONAL STOCK EXCHANGE OF INDIA LTD. [LAWS(BOM)-2010-3-294] [REFERRED TO]
SIEMENS LIMITED VS. MADHYANCHAL VIDYUT VITRAN NIGAM LTD. [LAWS(ALL)-2021-1-129] [REFERRED TO]
MODI KOREA TELECOMMUNICATIONS LIMITED VS. UNION OF INDIA [LAWS(DLH)-2002-5-24] [REFERRED]
SATISH KUMAR MARWAH VS. UNION OF INDIA [LAWS(DLH)-2003-4-87] [REFERRED]
VANITA GAMBHIR VS. DISTRICT JUDGE DELHI [LAWS(DLH)-2004-10-53] [REFERRED TO]
UNIVERSAL CONSTRUCTION AND TRADING COMPANY LUCKNOW VS. GARHAWAL MANDAL VIKAS NIGAM LIMITED [LAWS(ALL)-2003-10-17] [REFERRED TO]
UNION OF INDIA VS. SUPRIYA KUMAR SAHA [LAWS(CAL)-2011-9-47] [REFERRED TO]
NAMPA ELECTRICAL VS. GENERAL MANAGER CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION [LAWS(ALL)-2014-9-314] [REFERRED TO]
B V SHARMA VS. HOUSING BOARD, J&K [LAWS(J&K)-2004-4-37] [REFERRED TO]
UNION OF INDIA VS. C SUBBA REDDY [LAWS(KAR)-2004-2-20] [REFERRED TO]
SUBHAM AGENCIES PVT LTD VS. M P E B [LAWS(MPH)-2004-1-2] [REFERRED TO]
GARWARE WALL ROPES LTD VS. COASTAL MARINE CONSTRUCTIONS & ENGINEERING LTD [LAWS(SC)-2019-4-51] [OVERRULED]
RITE APPROACH GROUP LTD VS. ROSOBORONEXPORT [LAWS(SC)-2005-11-36] [REFERRED TO]
ARASMETA CAPTIVE POWER COMPANY PRIVATE LIMITED VS. LAFARGE INDIA PRIVATE LIMITED [LAWS(SC)-2013-12-27] [REFERRED TO]
ORISSA COAL CHEM PRIVATE LIMITED VS. NATIONAL ALUMINIUM COMPANY [LAWS(ORI)-2005-2-29] [REFERRED TO]
RAM BHAJ VS. SUPERINTENDING ENGINEER EASTERN GANGA CANAL, CONSTRUCTION CIRCLE [LAWS(UTN)-2003-10-50] [REFERRED TO]
MARWAH COMPANY VS. CHAIRMAN AND MANAGING DIRECTOR NATIONAL THERMAL POWER CORPN [LAWS(GJH)-2009-4-70] [REFERRED TO]
HALA KAMEL ZABAL VS. ARYA TRADING LTD. [LAWS(DLH)-2024-8-96] [REFERRED TO]
HINDUSTAN STEEL WORKS CONSTRUCTION LTD. VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2003-5-69] [REFERRED TO]
ANITA MEHTA VS. GULKAND HUES PRIVATE LTD. [LAWS(J&K)-2022-6-52] [REFERRED TO]
QASSIM MOHD YOUSUF AQUIL BASTAKI VS. SULTANA ABDUL AHAD NARVEL DR FAUZAN ABDUL AHAD NARVEL SHRI MAIRAJ [LAWS(BOM)-2003-3-130] [REFERRED TO]
FR.THOMAS EKKA VS. STATE OF ASSAM [LAWS(GAU)-2021-8-58] [REFERRED TO]
KREBS BIO CHEMICALS LTD VS. GAYATRI SUGAR COMPLEX LTD [LAWS(APH)-2004-9-92] [REFERRED TO]
A Ramakrishna VS. Union of India Rep [LAWS(APH)-2004-8-6] [REFERRED TO]
K VENKATESWARLU VS. STATE OF A P [LAWS(APH)-2003-4-21] [REFERRED TO]
BHJRANG CRANES VS. SHRIRAM TRANSPORT FINANCE CO. LTD. AND ORS. [LAWS(APH)-2019-9-86] [REFERRED TO]
SKYLINE ENGINEERING INDIA PVT LTD VS. GIRNAR FIBRES LTD [LAWS(DLH)-2004-11-27] [REFERRED TO]
TULIP I T SERVICES LIMITED VS. PUNJAB NATIONAL BANK [LAWS(DLH)-2004-7-67] [REFERRED TO]
KRISHAK BHARATI COOPERATIVE LIMITED VS. ALUTEC INC [LAWS(DLH)-2002-3-94] [REFERRED]
SETHI CONSTRUCTION COMPANY VS. CHAIRMAN AND MANAGING DIRECTOR NTPC [LAWS(DLH)-2002-7-25] [REFERRED TO]
UNION OF INDIA VS. J R C GRID ENGINEERS PRIVATE LIMITED [LAWS(DLH)-2002-7-61] [REFERRED TO]
SASHI KANTA SARMA VS. DISTRICT JUDGE KAMRUP [LAWS(GAU)-2002-5-23] [REFERRED TO]
TULIP HOTELS PVT. LTD. AND ORS. VS. TRADE WINGS LTD. AND ORS. [LAWS(BOM)-2015-1-346] [REFERRED TO]
UNIVERSAL MUSIC INDIA LTD. AND ANR. VS. UNION OF INDIA (UOI) [LAWS(DLH)-2006-9-233] [REFERRED TO]
PRESTIGE URBAN INFRATECH PVT LTD LKO THRU AUTHORIZED VS. LUCKNOW DEVELOPMENT AUTHORITY LKO THRU ITS V C AND ORS [LAWS(ALL)-2017-5-538] [REFERRED TO]
THE INDIAN OIL CORPORATION LTD. AND ANR. VS. D.K. GUPTA AND CO. [LAWS(ORI)-2002-3-54] [REFERRED TO]
STATE OF BIHAR VS. TEXMACO LIMITED [LAWS(PAT)-2007-1-32] [REFERRED TO]
HYTHRO POWER CORPORATION LIMITED VS. DELHI TRANSCO LIMITED [LAWS(SC)-2003-7-46] [REFERRED]
VIGIL MARINE SERVICES VS. COCHIN SHIPYARD LTD. [LAWS(SC)-2004-7-83] [REFERRED TO]
ASIAN THERMAL INSULATION INDIA P LTD VS. BRIDGE AND ROOF CO I LTD [LAWS(SC)-2007-8-90] [REFERRED TO]
BHARAT ALUMINIUM CO VS. KAISER ALUMINIUM TECHNICAL SERVICE [LAWS(SC)-2012-9-40] [REFERRED TO]
AJAY MADHUSUDAN PATEL VS. JYOTRINDRA S. PATEL [LAWS(SC)-2024-9-48] [REFERRED TO]
VIDYA DROLIA AND OTHERS VS. DURGA TRADING CORPORATION [LAWS(SC)-2020-12-37] [REFERRED TO]
PRAVIN ELECTRICALS PRIVATE LIMITED VS. GALAXY INFRA AND ENGINEERING PRIVATE LIMITED [LAWS(SC)-2021-3-24] [REFERRED TO]
SIMPARK INFRASTRUCTURE PVT.LTD VS. JAIPUR MUNICIPAL CORPORATION [LAWS(RAJ)-2012-9-111] [REFERRED TO]
GULABCHAND VS. VARNI DIGAMBAR JAIN GURUKUL SAMITI [LAWS(MPH)-2003-8-44] [REFERRED TO]
Secretary to Government of India VS. Sri. Vivekananda and another [LAWS(KAR)-2002-5-40] [REFERRED TO]


JUDGEMENT

- (1.)In Ador Samia Private Limited v. Peckay Holdings Limited and others, 1999 (8) SCC 572, a Bench of two learned Judges of this Court came to the conclusion that the Chief Justice or any person or institution designated by him, acting under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter called "The Act"), acted in an administrative capacity and such order did not attract the provisions of Article 136 of the Constitution of India. A Bench of two learned Judges referred for reconsideration the decision in Ador Samia to a Bench of three learned Judges. The decision of the Bench of the three learned Judges Konkan Railway Corporation Ltd. and others v. Mehul Construction Co., 2000 (7) SCC 201 affirmed the view taken in Ador Samia, namely, that the order of the Chief Justice or his designate in exercise of the power under Section 11 of the Act was an administrative order and that such order was not amenable to the jurisdiction of this Court under Article 136. Thereafter, in Konkan Railway Corpn. Ltd. and another v. Rani Construction Pvt. Ltd., 2000 (8) SCC 159 a Bench of two learned Judges referred to a larger Bench the decision of the three learned Judges, for reconsideration (a practice which a Constitution Bench has frowned upon). This is how the matter comes to be placed before a Constitution Bench.
(2.)When it first reached before a Constitution Bench, the following order was passed :
"This reference has been made by a detailed referral order 2000 (8) SCC 159.

It appears that the Chief Justice or his nominee, acting under Section 11 of the Arbitration and Conciliation Act, 1996, have decided contentious issues arising between the parties to an alleged arbitration agreement and the question that we are called upon to decide is whether such an order deciding issues a judicial order or an administrative order.

In the course, of the short hearing before us, another question has surfaced, which is: does the Chief Justice or his nominee, acting under Section 11, have the authority to decide any contentions issues between the parties to the alleged arbitration agreement In other words, is the power of the Chief Justice or his nominee under Section 11 restricted to the nomination of an arbitrator in cases falling under sub-sections (4), (5) and (6) thereof

From what we understood, the learned Solicitor General appearing for the appellant, and learned counsel appearing for the respondents are ad idem on this aspect. According to both of them, the power of the Chief Justice or his nominee under Section 11 is restricted to the nomination of an arbitrator and the order that he makes is an administrative order.

It, therefore, becomes necessary to request the Attorney General to assist the Court. Mr. Andhyarujina, who is in Court but is not appearing in the matter, has advanced some submissions before us. He shall also be entitled to do so when the matter is taken up again before a Constitution Bench.

The Registry shall furnish a copy of this order and a copy of the paper books both to the Attorney General and to Mr. Andhyarujina.

Adjourned accordingly."

(3.)To determine whether the order of the Chief Justice or his designate under Section 11 of the Act is a judicial order or an administative order, it is necessary to take note of certain provisions of the Act. Section 2(e) defines a Court thus :
"(e) "Court" means the principal Civil Court of orginal jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions froming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any Civil Court of a grade inferior to such principal Civil Court, or any Court of Small Causes;"

Section 5 reads thus :

"Extent of judicial intervention- Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene except where so provided in this Part."

Section 8, so far as is relevant, reads thus :

"8(1) A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration."

Section 10 states that the parties to an arbitration agreement are free to determine the number of arbitrators, provided that such number shall not be an even number; failing such determination, the arbitral tribunal shall consist of a sole arbitrator.

Section 11 reads thus :

"Appointment of arbitrators- (1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.

(2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

(3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.

(4) If the appointment procedure in sub-section (3) applies and-

(a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or

(b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment,

the appointment shall be made, upon request of a party, by the Chief Justice or any person or institution designated by him.

(5) Failing any agreement referred to in sub-section (2), in an arbitrator with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the Chief Justice or any person or institution designated by him.

(6) Where, under an appointment procedure agreed upon by the parties,-

(a) a party fails to act as required under that procedure; or

(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or

(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure,

a party may request the Chief Justice or any person or institution designated by him to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

(7) A decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the Chief Justice or the person or institution designated by him is final.

(8) The Chief Justice or the person or institution designated by him, in appointing an arbitrator, shall have due regard to-

(a) any qualifications required of the arbitrator by the agreement of the parties; and

(b) other considerations as are likely to secure the appointment of an independent and impartial arbitrator.

(9) In the case of appointment of sole or third arbitrator in an international commercial arbitration, the Chief Justice of India or the person or institution designated by him may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.

(10) The Chief Justice may make such scheme as he may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub-section (6) to him.

(11) Where more than one request has been made under sub-section (4) or sub-section (5) or sub-section (6) to the Chief Justices of different High Courts or their designates, the Chief Justice or his designate to whom the request has been first made under the relevant sub-section shall alone be competent to decide on the request.

(12) (a) Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and (10) arise in an international commercial arbitration, the reference to "Chief Justice" in those sub-section shall be construed as a reference to the "Chief Justice of India".

(b) Where the matters referred to in sub-sections (4), (5, (6), (7), (8) and (10) arise in any other arbitration, the reference to "Chief Justice" in those sub-sections shall be construed as a reference to the Chief Justice of the High Court within whose local limits the principal Civil Court referred to in clause (e) of sub-section (1) of Section 2 is situate and, where the High Court itself is the Court referred to in that clause, to the Chief Justice of that High Court."

Section 12 imposes upon a person approached to be an arbitrator the obligation to disclose to the parties in writing any circumstance that may give rise to justifiable doubts as to his independence and impartiality. An arbitrator can be challenged if there are circumstances that give rise to justifiable doubts about his independence and impartiality or if he does not possess the qualifications agreed to by the parties, but such challenge can be made only for reasons which the party challenging becomes aware of after the appointment has been made. Section 13 speaks of the challenge procedure. It states that the parties are free to agree on such a procedure. Failing that, the party who makes the challenge must within fifteen days after becoming aware of the constitution of the arbitral tribunal or of any of the circumstances mentioned in Section 12, send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws or the other party to the arbitration agrees to the challenge, the arbitral tribunal shall decide upon the challenge and if the challenge is not successful it shall continue the arbitration proceedings and make an award. That award can be sought to be set aside under Section 34.

Section 16 empowers the arbitral tribunal to rule on its own jurisdiction. Clause (1) of Section 16 is relevant, and reads thus :

"(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,"

(a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and

(b) a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.



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