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AIR 2000 SUPREME COURT 2821
::2000 AIR SCW 2960
Supreme Court Of India
(From : Bombay)*
Hon'ble Judge(s):
G. B. Patnaik,
Doraiswamy Raju,
S. N. Variava
, JJJ
Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Appointment of arbitrator - Chief Justice or his nominee discharging functions under Section 11(6) - Would be acting in administrative capacity - Refusal to appoint arbitrator - Would not be amenable to jurisdiction of Supreme Court under Art. 136 - However it being an act of non-performance of duty, mandamus would lie. Section 11(6) aims at removing any dead-lock or undue delay in the process of appointment of arbitrator. This being the position, it is reasonable to hold that while discharging the functions under sub-section (6), the Chief Justice or his nominee will be acting in his administrative capacity and such a construction would subserve the very object of the new Arbitration Law. The nature of the function performed by the Chief Justice being essentially to aid the Constitution of the Arbitration Tribunal immediately and the legislature having consciously chosen to confer the power on the Chief Justice and not a Court, it is apparent that the order passed by the Chief Justice or his nominee is an administrative order. This being the position even an order refusing to appoint an arbitrator would not be amenable to the jurisdiction of the Supreme Court under Art. 136 of the Constitution. Needless to mention such an order refusing to appoint an arbitrator after deciding the contentious issues wo....
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