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Swami Sadashiva Brahmendra Sar (Nil)     24 June 2009

Arbitration Act, s11 and SLP

The Chief Justice of High Court has refused to appoint an arbitrator u/s 11 of the Arbitration Act,1996. can the order be challenged by filing an Special Leave Petition before the Supreme Court under Art 136 of the Constitution?


 5 Replies

Rohit Krishan Naagpal (Advocate)     24 June 2009

yes it can be challneged by way of SLP

Swami Sadashiva Brahmendra Sar (Nil)     24 June 2009

Thank you mr Rohit.

But Art. 136 empowers the Supreme Court to grant special leave to appeal against orders of a court or tribunal only. Is the Chief Justice or his delegete under s 11 of the Arbitration Act, a court or tribunal ?

Rohit Krishan Naagpal (Advocate)     24 June 2009

SBPand Co. vPatel Engineering Ltd. 2005 (8) SCC 618 check out this held that Sec 11 power is judicial in nature !

Swami Sadashiva Brahmendra Sar (Nil)     24 June 2009

 Thank you mr rohit I will check this.

But, what about constitution bench decision in Konkan Railway case decided on 30/01/2002, according to which the Chief Justice or his designete u/s 11 (6) acts in administrative capacity ! Is it  overrulled by the decision cited by you  !

Ramakrishnan.V (Lawyer)     02 July 2009

The decision quoted by Rohit is of larger bench which over ruled that the decision making is a judicial order.  As stated against any judicial order of the High Court an SLP will lie if there is a substative question of law

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