Allahabad High Court
SUKHVINDAR SINGHversusNATIONAL HIGHWAY AUTHORITY OF INDIA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court may issue a supervisory direction to the lower court to decide an arbitration application within the period prescribed by Section 34(6) of the Arbitration and Conciliation Act, 1996, without deciding the merits of the dispute.
Summary
The petitioner, Sukhvindar Singh, filed a writ petition under Article 227 seeking a direction to the District Judge, Kanpur Dehat, to decide Arbitration Case No. 7 of 2023 (NHAI v. Sukhvindar Singh) within a fixed period as mandated by Section 34(6) of the Arbitration and Conciliation Act, 1996. The petitioner argued that the arbitration application filed under Section 34 was pending since August 2022 and required expeditious disposal. The High Court noted that the petition raised no substantive merit issues and that the sole relief sought was procedural acceleration. Accordingly, the Court disposed of the petition at the admission stage, without calling for a counter‑affidavit or issuing notice to private respondents, and directed the lower court to decide the arbitration matter in compliance with Section 34(6). The Court expressly clarified that it did not adjudicate the merits of the underlying arbitration dispute.
Issues considered
- Whether a High Court can, under its supervisory jurisdiction under Article 227, direct a lower court to decide an arbitration application within the period prescribed by Section 34(6) of the Arbitration and Conciliation Act, 1996.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 34(6)
- Constitution of India — s. Article 227
Subjects
- Arbitration
- Section 34
- Expeditious disposal
- Writ petition
- Article 227
- High Court direction
- Procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13830 of 2026
Sukhvindar 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 District Judge, Kanpur Dehat to decide the
Arbitration Case No.7 of 2023 (NHAI Vs. Sukhvindar Singh and others)
(Old Misc. Case No. 124/2022 - NHAI Vs. Sukhvindar Singh and others)
pending since 05.08.2022 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 District Judge, Kanpur, registered as Arbitration
Case No.7 of 2023. 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.7 of
2023 (NHAI Vs. Sukhvindar Singh and others) (Old Misc. Case No.
124/2022 - NHAI Vs. Sukhvindar 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.
A227 No. 13830 of 2026
2
6. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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