1999 (8) TMI 743

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....the petitioner. ORDER 1. This special leave petition under article 136 of the Constitution of India is moved by the petitioner challenging an order of the learned Chief Justice of the High Court of Bombay in Arbitration Petition No. 288 of 1998 moved before him under section 11 sub-section (6) of the Arbitration and Conciliation Act, 1996 ('the Act'). 2. It has been held by a Bench of ....

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....er section 11(6) acts in administrative capacity as held by this Court in the aforesaid decision it is obvious that this order is not passed by any court exercising any judicial function nor it is a Tribunal having trappings of a judicial authority. Question of maintainability of such a petition under article 136 is decided since long by a Constitution Bench of this Court in the case of Indo-China....

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....sult, therefore, is that it is no longer open to doubt that the Customs Officer is not a Court or Tribunal,though in adjudicating upon matters under section 167 of the Act, he has to act in a judicial manner. It may be conceded that neither the Central Board of Revenue, nor the Central Government is a court within the meaning of Article 136." At page 603 it has been further observed as under: &n....