The court dismissed the writ petition challenging an arbitral award made under the National Highways Act, 1956. It held that the petitioner has an efficacious alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996 and declined to entertain the petition.
Petition dismissed with liberty.
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Court No. - 9
Case :- WRIT - C No. - 4142 of 2021
Petitioner :- Satya Prakash Singh And 2 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Madhup Narain Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners, Sri Abrar Ahmad, learned counsel for respondent no.1 and Sri Nand Kumar Shukla, holding brief of Sri Ashok Kumar Pandey, learned counsel for respondent no.2/NHAI.
The principal challenge in this petition is to an award dated 09.12.2020 passed by respondent no.3 in purported exercise of his powers under Section 3G(5) of National Highways Act, 1956.
It is pointed out by learned counsel appearing for the respondents that petitioner has remedy under Section 34 of Arbitration and Conciliation Act, 1996 which is made applicable by virtue of Sub-section 6 of Section 3G of National Highways Act, 1956.
In view whereof, we are not incline to entertain the present petition as the petitioner has statutory efficacious alternative remedy for his grievance.
Petition stands dismissed with the said liberty.
Order Date :- 9.2.2021 Madhurima
(Jayant Banerji, J.) (Sanjay Yadav, J.)
1 issue framed by the court
Whether the writ petition challenging an award under Section 3G(5) of the National Highways Act, 1956 can be entertained when an alternative remedy under Section 34 of the Arbitration and Conciliation
2 provisions across 2 enactments
Satya Prakash Singh And 2 Others
Union Of India And 3 Others
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
