Supreme Court of India · 2019-08-27
NATIONAL HIGHWAYS AUTHORITY OF INDIA vs SAYEDABAD TEA CO. LTD. AND ORS
- Citation / case number
- SC 2007/32180
- Court
- Supreme Court of India
- Petitioner
- NATIONAL HIGHWAYS AUTHORITY OF INDIA
- Respondent
- SAYEDABAD TEA CO. LTD. AND ORS
- Author
- HON'BLE MR. JUSTICE AJAY RASTOGI
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR, HON'BLE MR. JUSTICE AJAY RASTOGI
Judgment text excerpt
The Supreme Court ruled that an application under Section 11 of the Arbitration and Conciliation Act, 1996 is not maintainable when the National Highways Act, 1956 provides for the appointment of an arbitrator by the Central Government under Section 3G(5). The Court emphasized that the National Highways Act is a comprehensive code governing compensation determination and disbursement, and the provisions of the Arbitration Act apply only subject to the provisions of the National Highways Act. Consequently, the appeal was dismissed, affirming the authority of the Central Government in appointing the arbitrator.