Disposed¶11

Smt. Santosh Jain v. State of U.P. and Another

Allahabad HC7 Feb 2025A227/624/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Matters under Article 227 No. 624 of 2025; Rohit Ranjan Agarwal J.; expeditious disposal; Section 34(6) Arbitration and Conciliation Act 1996; one-year statutory time limit for Section 34 application; Section 3 (G)(5) National Highways Act 1956 award; NHAI compensation award challenge; Case No. 125/70 of 2023; Additional District Judge 1 / Additional District and Sessions Judge-I, Fatehpur; Smt. Santosh Jain; State of U.P.; direction to lower court to comply with statutory timeline; writ petition disposed.

What did the court decide?

Direction to the Additional District and Sessions Judge-I, Fatehpur to proceed with Case No.125/70 of 2023 and comply with Section 34(6) of the Arbitration and Conciliation Act, 1996 (expeditious disposal within the statutory one-year period); writ petition disposed of. ¶11

Smt. Santosh Jain vs State of U.P. and Another — Arbitration | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the Additional District Judge 1, Fatehpur to dispose of Case No. 125/70 of 2023 (the Section 34 application against the Award) expeditiously, within a stipulated period or on a day-to-day basis.

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Court's answer

The Arbitration and Conciliation Act, 1996 itself provides the period within which an application under Section 34 of that Act is to be decided (expeditiously, and in any event within one year from service of the notice under sub-section (5)), so the deciding court must comply with Section 34(6).

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Ratio / Principle

The Additional District and Sessions Judge-I, Fatehpur was directed to proceed with Case No.125/70 of 2023 and to comply with the provisions of Section 34(6) of the Arbitration and Conciliation Act, 1996.

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Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rohit Ranjan Agarwal, J.; Order dated 3.3.2025) disposed of a Matter under Article 227 filed by Smt. Santosh Jain seeking a direction to Additional District Judge 1, Fatehpur for expeditious disposal of Case No. 125/70 of 2023 titled 'National Highway authority of India vs Smt. Santosh Jain', an application under Section 34 of the Arbitration and Conciliation Act, 1996 preferred against an Award made under Section 3 (G)(5) of the National Highways Act, 1956. Noting that the Act of 1996 itself prescribes the period for deciding a Section 34 application (expeditiously, and in any event within one year from service of the notice under sub-section (5)), the Court directed the Additional District and Sessions Judge-I, Fatehpur to proceed with the matter and comply with Section 34(6) of the Act of 1996. Writ petition stood disposed of.

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Neutral Citation No. - 2025:AHC:29195

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 624 of 2025 Petitioner :- Smt. Santosh Jain Respondent :- State of U.P. and Another Counsel for Petitioner :- Kaif Mohammad,Udai Chandani Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

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Hon'ble Rohit Ranjan Agarwal,J.

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Pursuant to the order dated 07.02.2025, the report of Additional District and Sessions Judge, Fatehpur has been received, which is on record. I have perused the same.

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This writ petition has been filed with the following prayer:-

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"1. to direct the Additional District Judge 1, Fatehpur for expeditious disposal of Case No. 125/70 of 2023 titled as "National Highway authority of India vs Smt. Santosh Jain", pending in the court of Additional District Judge 1, within a stipulated period, and/or on day to day basis, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant will suffer irreparable loss and injury."

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It is contended by learned counsel for the petitioner that an Award was made under Section 3 (G)(5) of the National Highways Act, 1956. Against the Award made under Section 3 (G)(5) of the Act, 1956, an application under Section 34 of the Arbitration and Conciliation Act, 1996 was preferred which is registered as Case No.125/70 of 2023, which is pending consideration.

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Section 34(6) of Act of 1996 provides as under :

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"An application under this section shall be disposed of expeditiously, and in any event, within a period of one year from the date on which the notice referred to in sub-section (5) is served upon the other party."

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As the Act of 1996 itself provides for the period of deciding application under Section 34 of Act of 1996, the Additional District and Sessions Judge-I, Fatehpur, is directed to proceed with the matter and comply the provisions of Section 34(6) of Act of 1996.

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Writ petition stands disposed of .

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Order Date :- 3.3.2025 SK Goswami

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Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Smt. Santosh Jain v. State of U.P. and Another

Case brief

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Smt. Santosh Jain v. State of U.P. and Another

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