KONKAN RAILWAY CORPORATION LIMITED Vs. RANI CONSTRUCTION PRIVATE LIMITED

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 :

(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 :