Hindustan Copper Limited vs Monarch Gold Mining Company Limited

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2012 Supreme(SC) 2579

SUPREME COURT OF INDIA
R.M. Lodha, Anil R. Dave, JJ.
Hindustan Copper Limited - Petitioner
Versus
Monarch Gold Mining Company Limited - Respondent
SLP (C) No. 28213 of 2011
Decided On : 18-07-2012

Important Points

The court emphasized the importance of seeking the views of the Registrar General, Calcutta High Court on the issue of considering the application for appointment of an arbitrator in piecemeal by two Designate Judges.

Subject

Arbitration Law - Appointment of Arbitrator

Act Referred

ARBITRATION AND CONCILIATION ACT : S.11(6)

Headnote

Section 11(6) - Arbitration and Conciliation Act, 1996 - Appointment of arbitrator

Fact of the Case:

The court considered whether an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator could be considered in piecemeal by two Designate Judges.

Finding of the Court:

The court found it necessary to seek the views of the Registrar General, Calcutta High Court on the issue and issued a notice for the same.

Issues: The issue involved was whether the application for appointment of an arbitrator could be considered in piecemeal by two Designate Judges.

Ratio Decidendi: The court decided to seek the views of the Registrar General, Calcutta High Court on the issue, indicating the importance of clarifying this point.

Final Decision: The court issued a notice to the Registrar General of the Calcutta High Court and allowed the parties to intimate the order to the Registrar General.

Advocates Appeared:
For the Petitioner:- Gourab Banerjee, Additional Solicitor General, Deba Prasad Mukherjee and Ms Nandini Sen, Advocates.
For the Respondent:- Ranjit Kumar, Sr. Adv. Amit Kumar, Atul Kumar and Ms Rekha Bakshi, Advocates.

ORDER :

Having regard to the issue involved in the present special leave petition, namely, as to whether an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator could be considered in piecemeal by two Designate Judges, we think that the views of the Registrar General, Calcutta High Court on this point are necessary.

2. Let notice be issued to the Registrar General of the Calcutta High Court returnable on 22-8-2012. It will also be open to the parties to intimate this order to the Registrar General of the Calcutta High Court.