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TMI Blog2024 (8) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... al Highway Act, 1956, in a petition filed under Article 226 of the Constitution of India? HELD THAT:- It is clear from Section 2(4) of the Arbitration and Conciliation Act that Section 43 will not apply to every arbitration under any other enactment. This means that if no limitation is prescribed under any other enactment, provisions of the Limitation Act would not apply to such arbitration under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T : K.A. SALIL NARAYANAN ADV. FOR THE RESPONDENT : SRI. K.P. HARISH (SR.GP) JUDGMENT A.Muhamed Mustaque, Acg.C.J. There are two questions to be decided in this matter. One is in regard to the application of limitation for arbitration under the National Highway Act. The second question is whether the writ petition is maintainable, challenging a decision of the Arbitrator under the National Highway ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s now submitted at the Bar by the learned Counsel for the National Highway Authority, the appellant in this case that a Division Bench of this Court has set aside the judgment of this Court in W.P.(C)No.21796/2019 in writ appeal No.1364/2020. 4. On the ground of limitation, for clarity, we refer to the relevant statutory provision. Under Section 3G (5) of the National Highway Act, it is stipulated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Act, the the limitation would apply to all arbitrations. However, Section 2(4) of Part -I of Arbitration and Conciliation Act, reads as follows: This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the remedy to challenge the decision of the Arbitrator, who is the District Collector, is by invoking the provisions under Section 34 of the Arbitration and Conciliation Act. Thus it is clear that the writ petition is not maintainable against the decision of the Arbitrator, who happens to be a District Collector. Thus, holding that the writ petition is not maintainable, we set aside the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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