The Chief Justice of High Court has refused to appoint an arbitrator u/s 11 of the Arbitration Act,1996. can the order be challenged by filing an Special Leave Petition before the Supreme Court under Art 136 of the Constitution?
But Art. 136 empowers the Supreme Court to grant special leave to appeal against orders of a court or tribunal only. Is the Chief Justice or his delegete under s 11 of the Arbitration Act, a court or tribunal ?
But, what about constitution bench decision in Konkan Railway case decided on 30/01/2002, according to which the Chief Justice or his designete u/s 11 (6) acts in administrative capacity ! Is it overrulled by the decision cited by you !
The decision quoted by Rohit is of larger bench which over ruled that the decision making is a judicial order. As stated against any judicial order of the High Court an SLP will lie if there is a substative question of law