Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 2000 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2000 (9) TMI 932 - SC - Companies LawWhether the powers under section 11 of the Arbitration & Conciliation Act, 1996 should be exercised or not? Held that:- The power that is exercised by the nominee of the Chief Justice of India under section 11 is in the nature of an administrative order. In such a case, unless the Chief Justice of India or his nominee can be absolutely sure that there exists no arbitration agreement between the parties it would be difficult to state that there should be no reference to arbitration. Further such a view may not be conclusive in view of the nature of the powers that are exercised under section 11(6). In this view of the matter, I do not think it would be possible to accede to the defence raised by the respondent. Keeping open all questions raised in this case, I think it would be appropriate to refer the matter to arbitration
|