Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 11 Appointment of arbitrator National Highways Act 1956 s.3G(5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Highways Act, 1956: s.3G(5) – Arbitration and Conciliation Act 1996 – s. 11 – Appointment of arbitrator – Application u/s. 3G(5) of the 1956 Act for appointment of an Arbitrator by the Central Government – Allegation that Central Government did not respond to the request for appointment – Thereafter, application filed u/s. 11 of the 1996 Act – Maintainability of application u/s. 11 of the 1996 Act, in view of s. 3G(5) of the 1956 Act – Held: When the special law sets out a self-contained code, the application of general law would impliedly be excluded – Scheme of 1956 Act, being a special law enacted for the purpose and for appointment of an arbitrator by the Central Government u/s. 3G(5) of the 1956 Act and sub-section (6) of s.3G itself clarifies that subject to the provisions of the Act 1956, the arbitrator may take recourse in adjudicating the dispute invoking the provisions of 1996 Act for the limited purpose – Thus, in view of the power being vested exclusively with the Central Government to appoint an Arbitrator u/s 3G(5) of the Act 1956, the application filed u/s 11(6) of the Act 1996 for appointment of an Arbitrator not maintainable and provisions of the Act, 1996 could not be invoked for the purpose – Order by the High Court appointing an Arbitrator invoking s. 11 of the 1996 Act, set aside – Arbitrator so appointed by the Central Government may adjudicate and decide the dispute |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2019 INSC 957 |
Petitioner | National Highways Authority Of India |
Respondent | Sayedabad Tea Company Ltd. And Ors. |
SCR | [2019] 11 S.C.R. 725 |
Judgement Date | 2019-08-27 |
Case Number | 6958 |
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