NATIONAL HIGHWAYS AUTHORITYOF versus SAYEDABAD TEA COMPANY LTD. AND ORS.

NATIONAL HIGHWAYS AUTHORITYOF versus SAYEDABAD TEA COMPANY LTD. AND ORS.

Application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator is not maintainable where Section 3G(5) of the National Highways Act, 1956 specifically provides for appointment by the Central Government, and Act 1956 is a self-contained code excluding the operation of Section...

Source-derived case information.

Parties
Appellant: National Highways Authority of India; Respondents: Sayedabad Tea Company Ltd. and Ors.
Jurisdiction
India
Judgment Date
27 August 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Order
Outcome
Appeals allowed; High Court orders set aside
Legal Topics
Appointment of Arbitrator Under Special Statute, Exclusion of General Arbitration Law, National Highways Act Mechanism
Arbitration Land Acquisition Appointment of Arbitrator Under Special Statute Exclusion of General Arbitration Law National Highways Act Mechanism

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Parties

National Highways Authority of India

Appellant

Sayedabad Tea Company Ltd. and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Order

Legal Issues

  1. 1 Whether application under Section 11 of the Arbitration and Conciliation Act, 1996 is maintainable for appointment of an arbitrator when Section 3G(5) of the National Highways Act, 1956 provides for appointment by the Central Government

Ratio Decidendi

Application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator is not maintainable where Section 3G(5) of the National Highways Act, 1956 specifically provides for appointment by the Central Government, and Act 1956 is a self-contained code excluding the operation of Section 11 for this purpose.

Court Disposition

Appeals allowed; High Court orders set aside

Orders

  • Order passed by the High Court appointing an arbitrator invoking Section 11 of the 1996 Act is set aside.
  • Central Government to appoint Arbitrator under Section 3G(5) of Act 1956 within 30 days with prior intimation to respondents.