Allowed

Subhash Agrawal ( Wrongly Mentioned as Subhash Agrawal and Other in the Impugned Order) v. Secretary, Ministry of Road Transport and Government

Chhattisgarh HC13 Jan 2022WP227/28/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226, this High Court directed the District Judge, Raigarh to expedite and conclude the proceedings in MJC Civil No. 175/2019 (a challenge under Section 34 of the Arbitration Act) within 6 months. The writ petition was disposed of by this order.

What did the court decide?

Directed the District Judge, Raigarh to decide MJC Civil No. 175/2019 within 6 months.

Subhash Agrawal ( Wrongly Mentioned as Subhash Agrawal and… — Arbitration | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP (227) No. 28 of 2022

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Subhash Agrawal, (wrongly mentioned as Subhash Agrawal and Other in the impugned order), S/o Kishan Agrawal, Aged about 57 years, R/o Kharsiya, Tahsil and District Raigarh (C.G.).

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---- Applicant

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Versus

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Secretary, Ministry of Road Transport and Government, By the Government of India, New Delhi G-5-6, Sector 10 Dawarka Delhi 110075.

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National Highway Authority of India, Through Chief Engineer National Road Area Raipur, District Raipur (C.G.).

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State of Chhattisgarh Through Revenue Secretary, Mahanadi Bhawan, New Raipur, District Raipur (C.G.).

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Additional Commissioner of Bilaspur, Division Bilaspur District Bilaspur (C.G.)

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Sub Divisional Officer and Land Acquisition Officer Kharsiya District Riagarh (C.G.).

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District Collector, Raigarh, District Raigarh (C.G.).

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--Respondents

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For Applicant : Ms. Aditi Singhvi, Adv. For Respondent No.1 & 2: Mr. Ramakant Mishra, ASI For Respondent Nos. 3 to 6: Mr. B.P. Banjare, Dy. Govt. Advocate

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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13/01/2022

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The instant writ petition under Article 227 of the Constitution of India has

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been filed seeking directions to the Court of District Judge, Raigarh to expedite the proceeding in MJC Civil No. 175/2019 and conclude the same within stipulated time period framed by this Court.

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Facts in short of the case are that the petitioner moved an application before respondent No.4 under the provisions of Arbitration and Conciliation Act, 1996 (henceforth ‘the Act’) and National Highway Act, 1956 in which award dated 02/07/2019 was passed. The said order was challenged under Section 34 of the Act, 1996 before the District Judge, Raigarh on 18/09/2019. The award passed by the Arbitrator was stayed vide order dated 17/12/2019. More than two years have elapsed but the matter has not been fixed for final arguments. Hence, this petition.

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I have heard learned counsel for the petitioner and perused the documents annexed with the petition.

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Considering the submissions made by the counsel for the petitioner, this Court finds it appropriate to direct the learned District Judge, Raigarh to expeditiously decide the MJC Civil No. 175/2019, preferably within a period of 6 months from the date of receipt of certified copy of this order.

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The writ petition is disposed of in above terms.

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Sd/(Deepak Kumar Tiwari) Judge

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rahul

Subhash Agrawal ( Wrongly Mentioned as Subhash Agrawal and Other in the Impugned Order) v. Secretary, Ministry of Road Transport and Government

Case brief

What is this about?

What did the court decide?

Subhash Agrawal ( Wrongly Mentioned as Subhash Agrawal and Other in the Impugned Order) v. Secretary, Ministry of Road Transport and Government

Case brief

What is this about?

What did the court decide?

What the court decided

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