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Bombay High Court

HANUMANT S/O BHANUDAS GAWALIversusTHE DEPUTY CHIEF ENGINEER (CONSTRUCTONS )CENTRAL RAILWAY SOLAPUR AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petitions are dismissed as there is no purpose in keeping them pending while the arbitration petitions are still before the concerned authority.

Summary

The petitioners filed writ petitions seeking a direction for the speedy disposal of pending arbitration petitions concerning compensation under the Railways Act, 1989. The court noted that the competent authority had already passed an award and that the petitioners could approach the appointed arbitrator for enhancement of compensation under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioners were asked to file additional affidavits clarifying the chronology after the award and the steps taken for arbitration. When the petitions were later listed, the petitioners failed to appear and later sought to amend the petitions to correct the improper styling under Section 34. The court held that, since the arbitration petitions were still pending and amendment was being sought, there was no purpose in keeping the writ petitions alive. Consequently, the writ petitions were dismissed, with liberty to file fresh writ petitions if the amendment is granted.

Issues considered

  • Whether a writ petition is maintainable to compel expeditious disposal of arbitration petitions pending under Section 34 of the Arbitration and Conciliation Act, 1996.
  • Whether the petitioners should first pursue the arbitration remedy before approaching the High Court.

Legislation cited

Subjects

  • writ petition
  • arbitration
  • Section 34
  • compensation
  • Railways Act
  • jurisdiction
  • dismissal

Judgment

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                                                                                          11-wp-5601-2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 5601 OF 2026

                      Hanumant Bhanudas Gawali                                       …Petitioner
                            Versus
                      The Deputy Chief Engineer (Constructions)
                      Central Railway, Solapur and Others                            …Respondents
VISHAL
SUBHASH                                                    WITH
PAREKAR
Digitally signed by
VISHAL SUBHASH
                                               WRIT PETITION NO. 5771 OF 2026
PAREKAR
Date: 2026.09.29
17:37:52 +0530
                      Prabha Pawankumar Agrawal                                      …Petitioner
                             Versus
                      The Competent Authority and Sub
                      Divisional Officer and Others                                  …Respondents

                                                      ******
                      Mr. R.V. Gunale (through VC) i/b. Mr. Abhijeet Khade, for the
                      Petitioners.
                      Ms. Tanu Bhatia, AGP, for the State in WP No. 5601 of 2026.
                      Mr. S.P. Kamble, AGP for the State in WP No. 5771 of 2026.
                                                      ******

                                                       CORAM       : MANISH PITALE AND
                                                                     SHREERAM V. SHIRSAT, JJ.

                                                       DATE        : 29th SEPTEMBER, 2026

                      P.C. :

                      1.          On 21.07.2026, this Court had passed the following order in

                      these petitions:

                                       . By these petitions, the petitioners are seeking a direction
                                       against respondent No.5 for deciding pending arbitration
                                       petitions.


                      Vishal Parekar                                                                            ….1
                                                2
                                                                           11-wp-5601-2026.doc

                 2] But, the documents on record show that the Competent
                 Authority i.e. the Deputy Collector (Land Acquisition) has passed
                 the award. Thereafter, as per the provisions of the Railways Act,
                 1989, if the petitioners were dissatisfied with the quantum of
                 compensation, they could approach the Arbitrator appointed by
                 the Central Government, for seeking enhancement of
                 compensation. But, the document at Exhibit ‘B’ shows that it is
                 styled as a petition under Section 34 of the Arbitration and
                 Conciliation Act, 1996 and that it has been filed before the office
                 of the Special Land Acquisition Officer. The petitioners will have
                 to explain, as to why a petition under Section 34 of the
                 Arbitration and Conciliation Act has been filed, if the arbitration
                 proceeding itself is pending before the Arbitrator.
                 3] The petitioners are directed to file additional affidavits in both
                 these petitions, clarifying the position on facts, by giving
                 chronology of events after the award was passed by the
                 Competent Authority and as to the manner in which, the
                 petitioners sought arbitration before the Arbitrator appointed by
                 the Central Government for enhancement of compensation.
                 4] The additional affidavits shall be filed within two weeks from
                 today.
                 5] List these petitions for further consideration in the category of
                 ‘fresh matters’ on 12th August 2026.


2.          Thereafter, the petitions were listed on 12.08.2026, when

adjournment was sought on the ground of personal difficulty of the

counsel for the petitioners. On 08.09.2026, when these petitions were

listed, there was no appearance on behalf of the petitioners and,

therefore, we listed these petitions today under the caption 'For

Dismissal'.


3.          The learned counsel for the petitioners in these petitions

submits that upon noticing the mistake in styling as the arbitration


Vishal Parekar                                                                                   ….2
                                         3
                                                                11-wp-5601-2026.doc


petitions as petitions under Section 34 of the Arbitration and

Conciliation Act, 1996, a pursis is now filed before the concerned

authority seeking to amend the said petitions.


4.          It is to be noted that these writ petitions have been filed seeking

a direction for expeditious disposal of the arbitration petitions.


5.          We are of the opinion that when the arbitration petitions are

pending before the concerned authority in the backdrop of

amendment being sought by the petitioners, there is no purpose of

keeping the present writ petitions pending. It is to be noted that the

arbitration petitions have been shown as petitions filed under Section

34 of the aforesaid Act, when no award has yet been passed by the

concerned authority.


6.          In view of the above, the writ petitions are dismissed with

liberty to the petitioners to file fresh writ petitions if and when the

proposed amendment is granted by the concerned authority.




                 (SHREERAM V. SHIRSAT, J.)           (MANISH PITALE, J.)




Vishal Parekar                                                                        ….3


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