2006 Supreme(SC) 1411

SUPREME COURT OF INDIA
H.K. SEMA, B.N. SRIKRISHNA, JJ.
Master Construction Company - Appellant
Versus
Union of India and others - Respondents
Civil Appeal No. 35 of 2006
Decided on : 03-01-2006

Headnote:

Arbitration and Conciliation Act, 1996 - Section 11 - Application for necessary orders - SBP & Co. v. Patel Engg. Ltd.

Fact of the Case:

The appellant filed an application on 10-1-2001, seeking necessary orders under Section 11 of the Arbitration and Conciliation Act, 1996.

Finding of the Court:

The High Court's judgment dated 20-5-2004 and the Civil Judge's judgment dated 6-1-2003 were set aside, and the appeal was disposed of with the direction to place the appellant's application before the Chief Justice of the Punjab and Haryana High Court for necessary orders under Section 11 of the Arbitration and Conciliation Act, 1996, in line with the decision in SBP & Co. v. Patel Engg. Ltd., 2005 (8) SCC 618.

Issues: Application for necessary orders under Section 11 of the Arbitration and Conciliation Act, 1996.

Ratio Decidendi: The court's decision was influenced by the provisions of Section 11 of the Arbitration and Conciliation Act, 1996, and the precedent set in SBP & Co. v. Patel Engg. Ltd., 2005 (8) SCC 618.

Final Decision: The High Court's and Civil Judge's judgments were set aside, and the appeal was disposed of with the direction to place the appellant's application before the Chief Justice of the Punjab and Haryana High Court for necessary orders under Section 11 of the Arbitration and Conciliation Act, 1996.