Allahabad High Court
RAJINDER PAL SINGHversusNATIONAL HIGHWAY AUTHORITY OF INDIA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Additional District Judge to decide the arbitration application in accordance with Section 34(6) and disposed of the writ petition without reaching the merits.
Summary
The petitioner, Rajinder Pal Singh, filed a writ petition under Article 227 seeking a direction to the Additional District Judge, Kanpur Dehat, to decide Arbitration Case No.4 of 2022 (NHAI vs. Rajinder Pal Singh) within a fixed period. The petitioner argued that an application under Section 34 of the Arbitration and Conciliation Act, 1996 was pending and required expeditious disposal. The Court noted that Section 34(6) prescribes a time‑frame for deciding such applications. Finding no merit in keeping the matter pending, the High Court disposed of the writ petition at the admission stage, without calling for a counter‑affidavit or issuing notice to private respondents. It directed the lower court to decide the arbitration application in compliance with Section 34(6) after hearing all affected parties, and clarified that it did not adjudicate the substantive merits of the arbitration dispute.
Issues considered
- Whether a High Court can, under Article 227, direct a lower court to decide an arbitration application under Section 34 of the Arbitration and Conciliation Act, 1996 within a stipulated period.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 34(6)
Subjects
- Arbitration
- Section 34
- Expeditious disposal
- Writ petition
- Article 227
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13808 of 2026
Rajinder Pal Singh
.....Petitioner(s)
Versus
National Highway Authority Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kumar Tiwari
Counsel for Respondent(s) : C.S.C., Dinesh Kumar Singh
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"i) direct the court of learned Additional District Judge-First, Kanpur
Dehat to decide the Arbitration Case No.4 of 2022 (NHAI Vs. Rajinder
Pal Singh and others) pending since 06.08.2022 within a stipulated/fixed
period of time as directed by this Hon'ble Court."
2. It is contended by learned counsel for the petitioner that an application
under Section 34 of Arbitration and Conciliation Act, 1996 has been filed
which is pending before Additional District Judge-First, Kanpur Dehat,
registered as Arbitration Case No.4 of 2022. The sole prayer made in the
writ petition is for expeditious disposal of the same.
3. Section 34(6) of the Act of 1996 provides for the period for deciding the
application filed under the Act.
4. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction
upon court concerned to decide the Arbitration Case No.4 of 2022 (NHAI
Vs. Rajinder Pal Singh and others), complying the provisions of Section
34(6) of the Act of 1996, after hearing all the affected parties.
5. With the aforesaid directions, writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the matter on merits.
October 1, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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