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2002 (1) TMI 1226 - SC - Companies LawWhether the order of the Chief Justice or his designate under section 11 is a judicial order or an administrative order? Held that:- The order of the Chief Justice or his designate under section 11 nominating an arbitrator is not an adjudicatory order and the Chief Justice or his designate is not a tribunal. Such an order cannot properly be made the subject of a petition for special leave to appeal under article 136. The schemes made by the Chief Justices under section 11 cannot govern the interpretation of section 11. If the schemes, as drawn, go beyond the terms of section 11 they are bad and have to be amended. To the extent that The Appointment of Arbitrators by the Chief Justice of India Scheme, 1996, goes beyond section 11 by requiring, in clause 7, the service of a notice upon the other party to the arbitration agreement to show cause why the nomination of an arbitrator, as requested, should not be made, it is bad and must be amended. The other party needs to be given notice of the request only so that it may know of it and it may, if it so chooses, assist the Chief Justice or his designate in the nomination of an arbitrator.
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