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SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
Project Director, National Highways Authority of India, Villupuram – Appellant
Versus
S. Puhazhenthi – Respondent
JUDGMENT
(Prayer: Appeals under Clause 15 of the Letters Patent against the orders dated 05.09.2022; 30.09.2022; 08.11.2022; 02.12.202 and 24.01.2022 passed by the learned Single Judge in W.P.Nos.23622, 26567, 29625, 32666 and 214 of 2022.)
Common Judgment:
Sanjay V. Gangapurwala, C.J.
1. The present private respondents/original writ petitioners have filed writ petitions before the learned Single Judge seeking directions against the third respondent therein/present appellant to deposit the compensation amount as per the award passed by the Collector under the provisions of the National Highways Act, 1956 and disburse the same. The learned Single Judge disposed of the writ petitions by directing the authorities concerned to pay the enhanced compensation.
2. Learned counsel for the appellant strenuously contented that none of the conditions raised by the present appellant was considered by the arbitrator while passing the award. The issue of limitation was subsequently raised and the same has not been addressed by the arbitrator. Other factual aspects were also raised, however, without considering the grounds raised by the present appellant the award has been passed, thereby awarding the
The availability of alternate remedies under Section 36 of the Act of 1996 for execution and the pending challenge to the arbitral award under Section 34 were central to the court's decision.
The court mandated the payment of arbitration-awarded compensation unless a stay is obtained, underscoring enforcement procedures under the Arbitration and Conciliation Act.
A writ petition for enforcement of an arbitration award under the Arbitration and Conciliation Act is not maintainable; an execution petition is required.
A petitioner cannot claim interest on amounts not awarded by an arbitrator under an arbitral award, as it exceeds the decree.
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