Amarnath Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1355 MP

                                                                    1                                 MP-838-2021
                                         The High Court Of Madhya Pradesh
                                                     MP-838-2021
                                           (AMARNATH SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                Jabalpur, Dated : 07-04-2021
                                       Shri Umesh Shrivastava, Advocate and Dr.(Ms)Vijay Bhatnagar,

                                Advocate for the petitioner.
                                       Shri B.D.Singh, Government Advocate for the State.
                                       This petition is not maintainable as the remedy of the petitioner is to file
                                objection under Section 34 of the Arbitration & Conciliation Act, 1996 before

                                the Principal Civil Court of the District.
                                       Learned counsel for the petitioner has relied upon a judgment of the
                                Apex Court rendered in the case of Mariamma Roy Versus Indian Bank
                                & Others reported in 2008 (12) Scale 451 to argue that existence of the
                                alternative remedy is not a bar and the petition can be entertained even in the
                                face of alternative remedy.
                                       In our considered opinion, when the statute under Section 3(G)(6) of
                                the National Highways Act, 1956 itself provides that subject to provision of
                                this Act, the provisions of Arbitration & Conciliation Act, 1996 shall apply to

                                every arbitration under this Act, once the award is passed by the Revenue
                                Commissioner in the capacity of an Arbitrator under Section 3(G)(5) of the
                                National Highways Act 1956, the writ petition against the said award cannot
                                be entertained. The petitioner shall have to first exhaust the remedy provided
                                to him under the relevant statute itself.
                                       With the aforesaid observations, this Miscellaneous Petition is
                                dismissed as not maintainable with the aforesaid liberty to the petitioner.

                                       (MOHAMMAD RAFIQ)                                    (SANJAY DWIVEDI)
                                        CHIEF JUSTICE                                              JUDGE

amit

Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2021.04.09 11:11:08 IST