NORTHERN RAILWAY ADMINISTRATION MINISTRY OF RAILWAY Vs. PATEL ENGINEERING COMPANY LTD
LAWS(SC)-2008-8-57
SUPREME COURT OF INDIA
Decided on August 18,2008

NORTHERN RAILWAY ADMINISTRATION,MINISTRY OF RAILWAY, NEW DELHI Appellant
VERSUS
PATEL ENGINEERING COMPANY LTD. Respondents

JUDGEMENT

Arijit Pasayat, J. - (1.) Leave granted in all the Special Leave Petitions
(2.) Noticing two different views in two decisions of this Court in Ace Pipeline Contracts (P) Ltd. vs. Bharat Petroleum Corpn. Ltd. (2007) 5 SCC 304) and Union of India vs. Bharat Battery Mfg. Co. (P) Ltd. (2007) 7 SCC 684) the matter has been referred to a larger Bench and that is how these cases are before us.
(3.) In both the decisions the question related to appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short the Act). In Bharat Batterys case (supra) the earlier decision in Ace Pipelines case (supra) was apparently not brought before the Bench as a result of which there appears to be some confusion. As noted above, the scope and ambit of Section 11(6) of the Act relating to appointment of arbitrator falls for consideration in these cases.;


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