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KONKAN RAILWAY CORPORATION vs. M/S. MEHUL CONSTRUCTION CO.

SCR Citation: [2000] Supp. (2) S.C.R. 563
Year/Volume: 2000/ Supp. (2)
Date of Judgment: 21 August 2000
Petitioner: KONKAN RAILWAY CORPORATION
Disposal Nature: Petitions Dismissed
Neutral Citation: 2000 INSC 407
Judgment Delivered by: Hon'ble Mr. Justice G.B. Pattanaik
Respondent: M/S. MEHUL CONSTRUCTION CO.
Case Type: SPECIAL LEAVE PETITION (CIVIL) /11317/1999
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996, s.11(6)-Nature of the order passed by Chief Justice or nominee appointing or refusing to appoint arbitrator-Held, order passed by Chief Justice or nominee in exercise of powers u/s. 11(6) is administrative in nature; Chief Justice does not function as a court or tribunal and order passed is not amenable to jurisdiction of Supreme Court under Article 136 of the Constitution.

Practice and Procedure-Arbitration and Conciliation Act, 1996, s.11(6)- Remedy available against refusal by Chief Justice to appoint arbitrator-Held, it would be a case of non-performance of duty against which the High Court could be approached for issuance of writ of mandamus-Constitution of India, Article 226.

2. Case referred
3. Act
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4. Keyword
  • Arbitration and Conciliation Act