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2002 Supreme(SC) 152

SHIVARAJ V. PATIL, UMESH C. BANERJEE, S. N. VARIAVA, S. P. BHARUCHA, S. S. M. QUADRI
Konkan Railway Corporation LTD. – Appellant
Versus
Rani Construction Private LTD. – Respondent


JUDGMENT

Bharucha, CJI.-In Ador Samia Private Limited vs. Peekay Holdings Limited & Ors., [1999(8) SCC 572], a Bench of two learned Judges of this Court came to the conclusion that the Chief Justice or any person or institution designated by him, acting under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter called "The Act"), acted in an administrative capacity and such order did not attract the provisions of Article 136 of the Constitution of India. A Bench of two learned Judges referred for re-consideration the decision in Ador Samia to a Bench of three learned Judges. The decision of the Bench of the three learned Judges [Konkan Railway Corporation Ltd. & Ors. vs. Mehul Construction Co., 2000(7) SCC 201] affirmed the view taken in Ador Samia, namely, that the order of the Chief Justice or his designate in exercise of the power under Section 11 of the Act was an administrative order and that such order was not amenable to the jurisdiction of this Court under Article 136. Thereafter, in Konkan Railway Corpn. Ltd. & Anr. vs. Rani Construction Pvt. Ltd. [2000(8) SCC 159], a Bench of two learned Judges referred to a larger Bench the decision of the three learned































































































































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