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2008 Supreme(SC) 217
(2010) 14 SCC 781
A.K. MATHUR AND AFTAB ALAM, JJ.
NORTHERN RAILWAY ADMINISTRATION, MINISTRY OF RAILWAY, NEW DELHI - Petitioner
Versus
PATEL ENGINEERING COMPANY LIMITED - Respondent.
SLP (C) No. 16196 of 2006
Decided On : February 12,2008
B. Dutta, Additional Solicitor General (Ms Asha G. Nair, Ms Rajni 000 Lal, B.K. Prasad and D.S. Mahra, Advocates) for the Petitioner;
Ashok H. Desai, Senior Advocate (Ashish Dholakia, Adarsh Priyadarshni and Ms Sumita Hazarika, Advocates) for the Respondent.
Headnote:Administration of Justice – Judicial propriety – Conflicting decisions of coordinate Benches – matter referred to larger Bench. (Para 2)
ORDER
1. The learned counsel for the respondent has invited our attention to two decisions of this Court in Ace Pipeline Contracts (P) Ltd. v. Bharat Petroleum Corpn. Ltd. and Union of India v. Bharat Battery Mfg. Co. (P) Ltd. Both these decisions relate to the appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. It appears that in the subsequent decision in Bharat Battery Mfg. Co. the earlier decision in Ace Pipeline was not brought to the notice of the Bench, as a result of which a confusion may be created that which judgment is to be followed as both the judgments cover almost identical area of controversy. Therefore, it is in the interest of justice that this case may be referred to a larger Bench so that there may not be a confusion in view of the two conflicting decisions of this Court.
2. Looking to the apparent conflict, the matter requires urgent consideration. Let the papers be placed before the Hon'ble the Chief Justice for constitution of an appropriate Bench.
Court Masters
