M/S Infinite Skytech Ltd.Thru ... vs U.O.I.Thru Secy. Road Transport ...
2022 Latest Caselaw 996 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 31140 of 2021
 

 
Petitioner :- M/S Infinite Skytech Ltd.Thru Auth.Representative
 
Respondent :- U.O.I.Thru Secy. Road Transport And highways New Delhi And Ors.
 
Counsel for Petitioner :- Sachin Garg
 
Counsel for Respondent :- C.S.C.,A.S.G.,Sarvesh Kumar Dubey,Sharad Kumar Shukla
 

 
Hon'ble Pankaj Bhatia,J.

Heard Sri Sachin Garg, learned Counsel for the petitioner, Sri Pankaj Kumar Awasthi, learned Counsel appearing on behalf of the Union of India, Mohd. Asir Abbas, learned Counsel appearing on behalf of the National High Authority and learned Standing Counsel.

The present petitions have been filed challenging the judgment and order dated 14.09.2021 (Annexure-1), whereby an award has been passed under Section 3G(5) of the National Highway Act.

Section 3G(6) specifically provides that the provisions of Arbitration and Conciliation Act shall apply to every arbitration under the Act. Thus the remedy of the petitioner would lie under Section 34 of the Arbitration and Conciliation Act for filing objection under Section 34 of the Arbitration and Conciliation Act.

It is informed at the bar that by way of abundant caution the objection under Section 34 has already been filed and the same is pending consideration before the Additional District Judge at Lucknow.

Considering the fact that the remedy as available under the Arbitration Act i.e. under Section 34 of the Arbitration and Conciliation Act has already been availed of.

The petitions cannot be entertained as such the same are dismissed.

However, the concerned District Judge, Lucknow before whom the objections are pending consideration shall make earnest endavour to decide the objection with all expeditions preferably within a period of two months from the date of production of certified copy of this order.

The parties before this Court agree that none of the parties shall seek any adjournment before the concerned District Judge, Lucknow.

Order Date :- 8.4.2022

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