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P. V. George, S/o. Varkey – Appellant
Versus
National Highways Authority Of India Piu – Respondent
ORDER :
A.Muhamed Mustaque, J.
The National Highway Authority, the appellant in the Writ Appeal and the writ petitioner, who was the respondent in the writ appeal, have come up with these review petitions. We considered two questions in the writ appeal filed by the National Highway which are as follows;
2) Whether the writ petition is maintainable challenging a decision of the Arbitrator under the National Highway Act.
2. In the writ appeal, we answered the first question in favour of the respondent/writ petitioner, who was the claimant and we answered the second question in favour of the National Highway Authority of India (NHAI) holding that the writ petition is not maintainable challenging an award of the Arbitrator. The NHAI have come up with the review placing reliance on the Division Bench judgment of this Court in W.A.No.226 of 2015, K.Leela Vs. The District Collector [2015(2) KHC 813] wherein this Court considered the question relating to the limitation in regard to the arbitration and held as follows:
The Limitation Act applies to arbitration under the National Highways Act, and a writ petition is maintainable when an Arbitrator refuses to entertain an application.
Writ petitions under Article 227 challenging arbitrator's rejection of compensation enhancement applications under National Highways Act on limitation grounds held not maintainable due to alternative....
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