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Allahabad High Court

BHARAT SANCHAR NIGAM LIMITEDversusM/S L.E. AND M.W. WORKS AND ANOTHER

Decided

Holding

The petition is disposed of with a direction to the lower court to decide the arbitration application expeditiously, without expressing any opinion on the merits.

Summary

The petitioner, Bharat Sanchar Nigam Limited, filed a petition under Article 227 seeking a direction to respondent No.2, M/S L.E. and M.W. Works, to decide an application filed under section 36(2) of the Arbitration and Conciliation Act within the stipulated time. The petitioner alleged that the delay was causing irreparable loss. The learned counsel argued that a notice to the private respondents was unnecessary given the nature of the relief sought. The Court, after considering the facts, declined to issue any notice to the private respondents. Without expressing any view on the merits of the underlying arbitration matter, the Court disposed of the petition and directed the lower court to decide the application expeditiously, provided there is no legal impediment. The order was pronounced on May 6, 2026, by Justice Piyush Agrawal.

Issues considered

  • Whether the High Court can direct a private respondent to decide an arbitration application under section 36(2) of the Arbitration and Conciliation Act within a stipulated period.
  • Whether issuance of notice to the private respondents is required in such a petition.

Legislation cited

Subjects

  • Arbitration
  • Section 36(2)
  • Expeditious disposal
  • Irreparable loss
  • Article 227
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6323 of 2026

                                    Bharat Sanchar Nigam Limited
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    M/S L.E. And M.W. Works And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Sabya Sachee Rai, Suneel Kumar Rai
                                    Counsel for Respondent(s)         :


                                    Court No. - 7
                                                         HON'BLE PIYUSH AGRAWAL, J.

                                    Heard learned counsel for the petitioner.

                                    No notice be issued to the private respondents taking into consideration the
                                    nature of the order proposed to be passed.

                                    The petitioner before this Court is seeking a direction to the respondent no. 2
                                    to decide the application under section 36(2) of the Arbitration &
                                    Conciliation Act within stipulated period of time.

                                    It is argued by the learned counsel for the petitioner that since the matter is
                                    pending consideration, the petitioner is suffering irreparable loss.

                                    Considering the facts and circumstances of the case, without expressing any
                                    opinion on the merits of the issue, the present petition stands disposed of
                                    finally with a direction to the concerned court below to consider and decide
                                    the aforesaid case in accordance with law expeditiously, if there is no legal
                                    impediment.



                                                                                              (Piyush Agrawal,J.)
                                    May 6, 2026
                                    Amit Mishra




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

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