Allahabad High Court
NAKSHATRA VINAY AGARWALversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The petitioner must pursue the remedy under Section 34 of the Arbitration and Conciliation Act, 1996, and the writ petition is disposed.
Summary
The petitioner, Nakshatra Vinay Agarwal, filed a writ petition challenging an arbitral award. The respondents argued that the petitioner had an alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996. The Court examined Section 34 and concluded that the petitioner indeed possesses an efficacious remedy by filing an application under that provision. Accordingly, the Court directed the petitioner to file the Section 34 application within one month, after which the matter would be decided within three months. The writ petition was consequently disposed.
Issues considered
- Whether the petitioner has an alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge the arbitral award.
Legislation cited
Subjects
- Arbitration
- Arbitral award
- Section 34
- Alternative remedy
- Writ petition
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39316 of 2026
Nakshatra Vinay Agarwal
.....Petitioner(s)
Versus
Union Of India And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Sagar Singh
Counsel for Respondent(s) : A.S.G.I., Akanksha Gaur, C.S.C., Rajesh
Kumar Jaiswal
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Shiv Sagar Singh, learned counsel for the petitioner, Ms. Akanksha Gaur,
learned counsel appearing for the National Highways Authority of India, Sri
Akhileshwar Singh, learned counsel for the State, and Sri Ravindra Kumar Pandey,
learned counsel for the Union of India.
2. A preliminary objection has been raised by the learned counsel for the respondents
that the petitioner, being aggrieved by the arbitral award, has an efficacious alternative
remedy of filing an application under Section 34 of the Arbitration and Conciliation
Act, 1996.
3. Upon perusal of Section 34 of the Arbitration and Conciliation Act, 1996, we find
that the petitioner has an efficacious alternative remedy of filing an application under
the said provision.
4. Under such circumstances, it is provided that in case the petitioner files an
application under Section 34 of the Arbitration and Conciliation Act, 1996 within one
month from today, the same shall be considered and decided, in accordance with law,
within a period of three months thereafter.
5. With the aforesaid observations and directions, the writ petition is disposed of.
September 29, 2026
vijay krishna
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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