R. SRINIVASAN Vs. DISTRICT COLLECTOR/ARBITRATOR

JUDGEMENT

(1.) This revision has been filed by the petitioner being aggrieved against the return of papers made by the District Court, Villupuram stating that the application filed under section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable.

(2.) The petitioner made an application before the Arbitrator appointed by the Central Act viz., the District Collector. The District Collector passed an award under section 3-G(5) of the National Highways Act, 1956. Challenging the same, the petitioner has invoked Section 34 of the Arbitration and Conciliation Act, 1996.

(3.) Section 3-G(5) of the National Highways Act, 1956 clearly stipulates that subject to the provisions of the said Act, the provisions of Arbitration and Conciliation Act, 1996 shall apply to every arbitration under the Act. It is not in dispute that the award passed by the Arbitrator under section 3-G(5) is an arbitration under the Act and therefore, the application filed before the District Court under section 34 of the Arbitration and Conciliation Act, 1996 is maintainable in law. The view taken by this court in A.VENKATACHALAPATHY v. THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI & OTHERS (W.P.(MD) No.3882 of 2010 dated 8.12.2011) is as follows:-