Supreme Court · 2003 INSC 347 · Decided 30 July 2003
Hythro Power Corporation LTD. v. Delhi Transco LTD.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 347 · [2003] SUPP. 1 S.C.R. 940
- Case number
- ARBITRATION PETITION No. 5315/2003
- Decided
- 30 July 2003
- Bench
- SHIVARAJ V. PATIL, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Arbitration
- Acts & sections cited
- Constitution Article 226, 136; Arbitration Act Section 11, 16
Headnote
Arbitration and Conciliation Act, 1996-Sections 11 and 16-Constitution of India, 1950-Article 226-Nominee or designate of Chief Justice-Dispute C regarding validity and existence of arbitration agreement and its reference to arbitrator-Jurisdiction to adjudicate-Held: Designate of the Chief no jurisdiction to adjudicate upon such dispute and also the High Court exercising power under Article 226 has no jurisdiction-Only arbitral Tribunal is conferred with jurisdiction to decide such dispute as provided under Section D 16(1). Appellant-Corporation filed an application for reference
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