Grid Corporation Of Orissa – Appellant
Versus
Aes Corporation – Respondent
ORDER
This is a petition under Section 11(6) and Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter the Act , for short) filed on 11-2-2002. The principal relief sought for in the petition is:- "appoint the third and presiding arbitrator to constitute the arbitral tribunal to adjudicate upon the disputes and differences between the parties."
2. Let it be stated at the very outset that a conjoint petition under Section 11(6) and Section 14 of the Act would not lie for the simple reason that the petition under Section 11(6) is to be heard and decided by the Chief Justice or any person or institution designated by him while a petition under Section 14 of the Act lies to the Court. With the decision of the Constitution Bench in Konkan Railway Corporation Ltd. & Anr. v. Rani Construction Pvt.Ltd., (2002) 2 SCC 388, it is settled that the Chief Justice or his designate does not discharge any judicial function under Section 11(6). The Chief Justice or his designate, though a Judge, does not sit as a Court. The two fora, contemplated by Section 11(6) and Section 14(2) are different, and therefore, no single forum can grant such reliefs as are contemplated by the two provi
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