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    <title>2012 (11) TMI 41 - Supreme Court</title>
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    <description>Section 11 of the Arbitration and Conciliation Act requires the Chief Justice or Designate Judge to decide the application as a single judicial proceeding, including jurisdiction, valid arbitration agreement, live claim, and the conditions for appointment. The process cannot be split into separate stages before different judicial officers, so a two-tier approach dividing entitlement and actual appointment is impermissible. The Calcutta High Court procedure treating those matters separately was inconsistent with the governing law and was overruled to that extent. The impugned orders were set aside and the arbitration petitions were restored for fresh consideration in accordance with law, while preserving earlier Section 11 orders that had attained finality.</description>
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      <title>2012 (11) TMI 41 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=218026</link>
      <description>Section 11 of the Arbitration and Conciliation Act requires the Chief Justice or Designate Judge to decide the application as a single judicial proceeding, including jurisdiction, valid arbitration agreement, live claim, and the conditions for appointment. The process cannot be split into separate stages before different judicial officers, so a two-tier approach dividing entitlement and actual appointment is impermissible. The Calcutta High Court procedure treating those matters separately was inconsistent with the governing law and was overruled to that extent. The impugned orders were set aside and the arbitration petitions were restored for fresh consideration in accordance with law, while preserving earlier Section 11 orders that had attained finality.</description>
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