Allahabad High Court
GAURAV DUBEYversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court ordered the arbitration application to be decided within two months and disposed of the writ petition.
Summary
The petitioner filed a writ petition seeking the speedy disposal of an arbitration application that had been pending since 23 April 2024. The respondents assured the court that the arbitration would be decided within two months. The court, relying on this assurance, disposed of the writ petition and directed the competent arbitration authority to decide the application within two months of the order. It further instructed the petitioner not to seek unnecessary adjournments and to cooperate fully. The arbitration authority was also directed to avoid delays not attributable to the petitioner.
Issues considered
- Whether a High Court can issue a directive to an arbitration authority to decide an application within a specified time frame under a writ petition.
- Whether the writ petition seeking expeditious disposal of the arbitration application is maintainable.
Subjects
- Arbitration
- Writ Petition
- Expeditious Disposal
- Adjournment
- High Court
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15444 of 2026
Gaurav Dubey
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Pandey, Ajay Mishra
Counsel for Respondent(s) : Awadhesh Kumar Saxena, C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Learned Counsel for respondent Nos. 2 and 3 has filed before the
court today a copy of instructions, which is taken on record.
2. Heard Sri Sachin Chauhan, learned Advocate, holding brief of Sri
Ajay Mishra, learned counsel for the petitioner; learned Standing
Counsel representing State-respondent, and learned Counsel for
respondent Nos. 2 and 3.
3. The petitioner has filed the instant writ petition seeking expeditious
disposal of the application for arbitration, which has been pending
consideration since 23.04.2024.
4. Sri A.K. Saxena, learned Counsel appearing for respondent Nos.
2 and 3, has assured the court that the application for arbitration
moved on behalf of the petitioner shall be considered and decided
within a period of two months.
5. In view of the assurance given by learned Counsel for the
respondents, the instant writ petition is finally disposed of with a
direction the competent authority that the arbitration application
moved by the petitioner shall be considered and decided in
accordance with law, within a period of two months from the date of
production of a certified copy of this order.
6. It is, however, clarified that the petitioner shall not seek
unnecessary adjournment in the arbitration proceedings and extend
full cooperation for expeditious disposal of the matter within the
WRIA No. 15444 of 2026
2
stipulated period as mentioned above. The concerned Arbitration
Authority shall make every endeavour to conclude the arbitration
proceedings within the stipulated period, except for any delay
attributed to the petitioner.
September 30, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
Checking your session…