Allahabad High Court
AVANISH KUMAR AGRAWALversusNATIONAL HIGHWAY AUTHORITY OF INDIA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Execution of the arbitral award cannot be ordered while the Section 34 challenge is pending; the lower court must decide the Section 34 application within one month without adjournments.
Summary
Avanish Kumar Agrawal filed a writ petition seeking a direction to the Additional District Judge, Bijnor, to decide the execution of an arbitral award dated 27 September 2025 in his favour against the National Highway Authority of India (NHAI). NHAI had filed an application under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the award, and the matter was pending. The petitioner alleged that the lower court was repeatedly adjourning the case, preventing timely execution. The High Court held that it could not order execution of the award while the Section 34 application was pending. It directed the lower court to decide the Section 34 application within one month without further adjournments and disposed of the writ petition. The order also directed release of any admitted amount if not already done.
Issues considered
- Whether the High Court can direct execution of an arbitral award while an application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending.
- Whether the lower court should be compelled to decide the Section 34 application within a specific time frame without adjournments.
Legislation cited
Subjects
- Arbitration
- Section 34
- Arbitral award execution
- Writ petition
- High Court
- National Highway Authority of India
- Adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13284 of 2026
Avanish Kumar Agrawal
.....Petitioner(s)
Versus
National Highway Authority Of India
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Dutta Pandey, Sachin
Counsel for Respondent(s) : Rajesh Kumar Jaiswal
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"1. Pass an order to direct the Additional District Judge/
Additional Session Judge/F.T.C.II Bijnor, to decide the execution case no
- 5/2026 Avanish Kumar Agrawal Vs National Highway Authority Of
India pending before Additional District Judge/ Additional Session
Judge/F.T.C.II Bijnor, within stipulated period fixed by this Hon'ble
court.
2. It is contended by learned counsel for the petitioner that an award was
made on 27.09.2025 in favour of petitioner. Against the said award, National
Highways Authority of India (NHAI) has preferred an application under
Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter called as
"the Act of 1996"), which is pending consideration.
3. Sri Atul Kumar Shahi, learned counsel appearing for NHAI submits that
matter was posted for 22.09.2026. On that date, the petitioner had moved an
adjournment application and the matter has been adjourned and has been
fixed for next date. According to him, short dates are being fixed but the
petitioner is not cooperating in the matter and letting the application under
Section 34 of the Act of 1996 be decided.
4. After hearing learned counsel for the parties, this Court finds that no
direction can be issued at this stage for execution of the award as the
application under Section 34 of the Act of 1996 is pending consideration.
A227 No. 13284 of 2026
2
5. The court below is hereby directed to proceed with application filed under
Section 34 of the Act of 1996 and decide the same, positively within a
period of one month from the date of production of certified copy of this
order without granting any adjournment to either of the parties.
6. With the aforesaid directions, writ petition stands disposed of.
7. In case, admitted amount has not been released in favour of petitioner, the
same shall be released.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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