High CourtsSingle Bench(2018) 06 CHH CK 0123

Tulsiram Dewangan vs Union Of India And Ors

Chhattisgarh High Court · Decided on 25 June 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 1682 Of 2018

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Judgment

5 paragraphs · 171 words

Sanjay K. Agrawal, J

1.

The Arbitrator appointed under National Highways Act, 1956 (for brevity, 'Act of 1956') has rejected the case of the petitioner by order dated 22.03.2018, aggrieved against which this writ petition has been preferred by the petitioner.

2.

Mr. B.Gopa Kumar, learned Assistant Solicitor General appearing for respondent No. 1 would submit that remedy of the petitioner lies under Section 34(2) of the Arbitration and Conciliation Act of 1996 (hereinafter referred to as 'Act of 1996') by virtue of provisions contained in Section 3G (6) of the Act of 1956.

3.

Since the petitioner has remedy of filing the application under Section 34(2) of the Act of 1996 by virtue of provisions contained in Section 3G (6) of the Act of 1956, this Court is not inclined to entertain the writ petition. However, the petitioner would be at liberty to proceed in accordance with the provisions of Act of 1996.

4.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).