Hindustan Copper Ltd. Vs. Monarch Gold Mining Co. Ltd.
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Head Note
The Arbitration and Conciliation Act, 1996 - Section 11
Appointment of arbitrator - Procedure - Held - The exposition of law by a seven-Judge Bench of this Court in SBP & Co., leaves no manner of doubt that the procedure that is being followed by the Calcutta High Court with regard to the consideration of the applications under Section 11 of the 1996 Act is legally impermissible - The piecemeal consideration of the application under Section 11 by the Designate Judge and another Designate Judge or the Chief Justice, as the case may be, is not contemplated by Section 11 - The function of the Chief Justice or Designate Judge in consideration of the application under Section 11 is judicial and such application has to be dealt with in its entirety by either Chief Justice himself or the Designate Judge and not by both by making it a two-tier procedure as held in Modi Korea Telecommunications Ltd. - The distinction drawn by the Division Bench of Calcutta High Court in Modi Korea Telecommunications Ltd. between the procedure for appointment of arbitrator and the actual appointment of the arbitrator is not at all well founded. Modi Korea Telecommunications Ltd. to the extent it is inconsistent with SBP & Co. stands overruled.
Topic(s)-Appointment of Arbitrator