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Allahabad High Court

HARBHAJAN SINGHversusUNION 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

Harbhajan Singh filed a writ petition before the Allahabad High Court 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 possessed 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 and stipulated that it would be decided within two months thereafter. 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 against the arbitral award.

Legislation cited

Subjects

  • Arbitration
  • Section 34
  • Writ Petition
  • Alternative Remedy
  • Allahabad High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 39375 of 2026

                                    Harbhajan Singh
                                                                                                             .....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, Ratan Singh

                                    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 two 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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