National Highways Authority of India v. Sayedabad Tea Estate (Judgment dated 27 August 2019 in Civil Appeal No. 6958-5959 of 2009)
The Supreme Court held that an application under Section 11 of the Arbitration & Conciliation Act, 1996 shall not be maintainable on account of the provision laid down in Section 3G(5) of the National Highways Act, 1956 , which provides for appointment of arbitrator by central government.
The Supreme Court observed :
”23. We are also of the considered opinion that in view of the power being vested exclusively with the Central Government to appoint an Arbitrator under Section 3G(5) of the Act 1956, being a special enactment, the application filed under Section 11(6) of the Act 1996 for appointment of an Arbitrator was not maintainable and provisions of the Act, 1996 could not be invoked for the purpose.”