Writ petition disposed as withdrawn upon agreement to approach the Arbitral Tribunal under Section 3(g)(5) of the National Highways Act, 1956. Court declined to adjudicate merits.
Leave and liberty granted to withdraw the petition with liberty to approach the Competent Authority under Section 3(g)(5) of the National Highways Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
41 sr.no..odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 7219 OF 2019
CHAMPALAL BHERULAL JAIN
VERSUS
THE UNION OF INDIA AND OTHERS
Advocate for Petitioner : Mr. P.N. Sonpethakar
Advocate for Respondent Nos. 1 to 7 : Mr. A.G. Talhar
AGP for Respondent No. 2 : Mrs. M.A. Deshpande
Advocate for Respondent No. 5 : Mr. M.V. Kini
CORAM : A.S. GADKARI & S.G. MEHARE, JJ.
DATE : 14TH FEBRUARY, 2022.
P. C. :-
1]Learned counsel for respondent No.5 raised an objection and
submitted that, under sub-section (5) of Section 3(g) of the National
Highways Act, 1956, a remedy of Atbitral Tribunal appointed by the
Central Government is available to the petitioner. He submitted that. the
said Authority will adjudicate the issues raised in the present petition,
being disputed questions of fact.
2]In view thereof, learned counsel for the petitioner seeks
leave to withdraw present petition with liberty to approach the
Competent Authority established under Section 3(g)(5) of the National
Highways Act.
Leave and liberty granted.
3]Writ petition is disposed of as withdrawn with aforesaid
leave and liberty.
4]It is needless to mention that, the present petition is
41 sr.no..odt
{2}
disposed of on the basis of an objection raised by the learned counsel for
respondent No.5 and this Court has not adjudicated the issues involved
in present petition.
4]Contentions of all parties are expressly kept open to be
raised before the said Competent Authority.
[S.G. MEHARE] [A.S. GADKARI]
JUDGEJUDGE.
[A.S. GADKARI]
grt/-
2 issues framed by the court
Whether the petitioner can withdraw the writ petition with liberty to approach the Arbitral Tribunal under the National Highways Act.
Whether issues of disputed fact should be adjudicated by the Court or by the competent authority appointed under the statute.
2 provisions across 1 enactments
CHAMPALAL BHERULAL JAIN
THE UNION OF INDIA
A.S. GADKARI
S.G. MEHARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court