Case Summary: S.B.P. & Co. vs Patel Engineering Ltd. & Another
Citation: (2005) 10 SC CK 0103 | (2005) 8 SCC 618
Case No: Civil Appeal Nos. 3777, 4168, 4169 and 4170-4173 of 2003 and Civil Appeal Nos. 6562, 6563-6564, 6565-6566 of 2005
Date of Decision: 26 October 2005
Bench: Hon’ble Chief Justice R.C. Lahoti, Justices P.K. Balasubramanyan, G.P. Mathur, C.K. Thakker, B.N. Agrawal, Arun Kumar, A.K. Mathur
Final Decision: Disposed Of
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=300711
Law Points Raised:
- Whether the Chief Justice’s power under Section 11 of the Arbitration and Conciliation Act, 1996 is administrative or judicial.
- Interpretation of Sections 11, 16, and other provisions of the Arbitration Act, 1996.
- Judicial review powers under Articles 136, 226, and 32 of the Constitution.
Ratio Decidendi:
- The Supreme Court held that the power exercised by the Chief Justice or his designate under Section 11(6) of the Act is a **judicial power**, not merely administrative.
- Such power includes adjudicating preliminary issues such as the existence of a valid arbitration agreement, qualifications of arbitrators, etc.
Final Ruling:
- The earlier view in Konkan Railway Corporation Ltd. was overruled.
- The decision clarified the scope and jurisdiction under Section 11.
- Appeals were disposed of with authoritative clarification of the law.
Relevant Paragraphs:
- Key legal interpretations: Paragraphs 6 to 7, 43, 48, 50, 65, 86, 97, 105, 131.
- Conclusion on the nature of power: Paragraphs 38, 46, 105-107.