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Allahabad High Court

JAIRAM AND ANOTHERversusUNION OF INDIA AND 3 OTHERS

Decided

Holding

The writ petition is disposed of, with a direction that the arbitration case be decided expeditiously under Section 34 of the Arbitration and Conciliation Act, 1996.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction that the arbitration case No. 228/2022 (Jairam and others v. NHAI) be expedited under Section 34 of the Arbitration and Conciliation Act, 1996, which was pending before the Additional District & Session Judge, Ghaziabad. The petitioners argued that the arbitration suit needed swift resolution and requested the High Court to intervene. The Court observed that the arbitration matter was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing that the arbitration case be decided expeditiously in accordance with the statute, with proper service of notice and an opportunity of hearing for all parties. No other legal impediment was identified, and the petition was dismissed with the direction to proceed with the arbitration proceedings.

Issues considered

  • Whether the High Court can issue a direction under Article 227 to expedite an arbitration proceeding pending before a lower court under Section 34 of the Arbitration and Conciliation Act, 1996.

Legislation cited

Subjects

  • Arbitration
  • Section 34
  • Expeditious hearing
  • Writ petition
  • Article 227
  • High Court
  • Service of notice

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 5784 of 2026

                                    Jairam And Another
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Union Of India And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)        :   Birendra Singh, Mohd Shahrukh, Yash Pratap
                                                                         Singh
                                    Counsel for Respondent(s)        :   A.S.G.I., C.S.C., Paras Nath Rai

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the respondents.

                                    3. The solitary relief claimed in the present writ petition for a direction to
                                    expedite the Arbitration case no. 228/2022 (Jairam and others Vs. NHAI)
                                    under the Provisions of Section 34 of Arbitration and Conciliation Act,
                                    1996, pending in the court of learned Additional District & Session Judge,
                                    Court no. 12, Ghaziabad.

                                    4. Learned counsel prayed that the said suit may be decided, expeditiously.

                                    5. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    6. In view of the above, this writ petition stands disposed of with a direction
                                    to decide the Arbitration case no. 228/2022 (Jairam and others Vs. NHAI)
                                    under the Provisions of Section 34 of Arbitration and Conciliation Act,
                                    1996, pending in the court of learned Additional District & Session Judge,
                                    Court no. 12, Ghaziabad, expeditiously as per statute, after ensuring service
                                    of notice upon all the respondents and providing opportunity of hearing to all
                                    the concerned parties as well as giving a reasonable opportunity of leading
                                    evidence in respect of their case, provided there is no other legal
                                    impediment.

                                    May 6, 2026
                                    Rajesh
                                                                                             (Vikas Budhwar,J.)



Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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