NAGARAJA S. vs NATIONAL HIGHWAYS AUTHORITY OF INDIA, & ORS.

Matter is heard with regard to maintainability of this writ petition in the wake of provisions contained under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (for short, ''the Act'').

Learned counsel appearing for respondents 1 & 2 - National Highways Authority of India rightly submits that challenge to the judgment passed by the Court below in Arbitration Case No.1/2015 can be laid before the appropriate forum by way of appeal provided under Section 31(1)(c) of the Act and not by filing writ petition.

The grievance made in the writ petition is directed against the judgment passed by the Court below exercising power and WP.20128/2016 jurisdiction under Section 34 of the Act. Therefore, an appeal lies against the said judgment passed under Section 37(1)(c) of the Act.

At this stage, petitioner/party-in-person seeks permission to withdraw the writ petition with liberty to file Miscellaneous First Appeal under Section 37 of the Act.

Hence, writ petition is dismissed as withdrawn. Petitioner is granted 30 days time from today to file an appeal before the Appellate Court. Petitioner is also permitted to withdraw the amount deposited before this Court pursuant to the judgment passed by the Court below.

Registry is directed to return the original/certified copies of the documents to the petitioner on his furnishing photostat copies of the same.