Administrative nature of section 11(6) arbitration appointments bars Article 136 challenge to the Chief Justice's order.

An order made by the Chief Justice or his designate under section 11(6) of the Arbitration and Conciliation Act, 1996 was treated as administrative in nature because appointment of arbitrators under the Act does not require a judicial order. Since Article 136 applies only to a judgment, decree, determination, sentence or order of judicial or quasi-judicial character passed by a court or tribunal, such an administrative order is not amenable to challenge under Article 136. The special leave petition was therefore held not maintainable and disposed of on that ground.

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Issues: Whether an order made by the Chief Justice or his designate under section 11(6) of the Arbitration and Conciliation Act, 1996 is an administrative order not amenable to challenge under Article 136 of the Constitution of India.

Analysis: The order under section 11(6) was treated as administrative in nature in view of the settled position that appointment of arbitrators under the 1996 Act does not require a judicial order. Article 136 lies only against a judgment, decree, determination, sentence or order of a judicial or quasi-judicial character passed by a court or tribunal, and an administrative order does not satisfy that requirement.

Conclusion: The petition under Article 136 was not maintainable against the order under section 11(6), and the special leave petition was disposed of on that ground.

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