Supreme Court of India

M/s. Konkan Railway Corporation Ltd. and Anr. v. M/s. Rani Construction Pvt. Ltd.

Neutral citation

Reported as [2002] 1 S.C.R. 728

Bench S.P. Bharucha, Syed Shah Mohammed Quadri, Umesh C. Banerjee, S.N. Variava and Shivaraj V. Patil JJ.

Decided 30 January 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the order of the Chief Justice or his designate under Section 11 nominating an arbitrator is not an adjudicatory order and the Chief Justice or his designate is not a tribunal.

Judgment, page 22

From the headnote

Arbitration and Conciliation Act, 1996: Section I I-Order passed by Chief Justice or his designate nominating an Arbitrator-Held not adjudicatory in nature-Such an order held not amenable to jurisdiction of Supreme Court under Article 136-UNCJTRAL Model Law held not a guide to interpretation of Act. The apvointment of Arbitratbrs by the Chief Justice of India Scheme, 1996: Clause 7-Requirement of giving notice upon other party to arbitration to show cause why nomination of arbitrator should not be made-Held bad- Amendment suggested. Constitution of India, 1950: Article 136 Special Leave

Where later benches applied it

2014 International Amusement Limited v. India Trade Promotion Organisation &anr. relied on
2025 Asf Buildtech Private Limited v. Shapoorji Pallonji and Company Private Limited followed
2024 Sbi General Insurance Co. Ltd. v. Krish Spinning referred to
2023 M/s N. N. Global Mercantile Private Limited v. M/s Indo Unique Flame Ltd. & Ors. referred to
2020 Vidya Drolia and Others v. Durga Trading Corporation referred to
2019 Zenith Drugs & Allied Agencies Pvt. Ltd. Represented by its Managing Director, Shri Uday Krishna Paul v. M/s. Nicholas Piramal India Ltd. referred to
2019 Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. referred to
2013 Arasmeta Captive Power Company Private Limited and Another v. Lafarge India Private Limited referred to
2012 Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc. referred to

Of those, 1 relied on · 1 followed · 7 referred to

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