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2025 Supreme(All) 3142

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Kamta Prasad – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: Keshav Hari Dixit
For the Respondent:  A.S.G.I., C.S.C.,Rajesh Kumar Jaiswal, Sushmita Mukherjee, Swetashwa Agarwal

JUDGMENT :

Rohit Ranjan Agarwal, J.

1. The land of petitioner was acquired for road widening by National Highways Authority of India (NHAI) invoking Section 3A of National Highways Act, 1956 (hereinafter called as "the Act of 1956") in the year 2017. The competent authority/Additional District Magistrate made an award on 29.05.2018. An objection was filed by petitioner against the said award which was rejected on 15.12.2021 and the award dated 29.05.2018 was confirmed.

2. Petitioner filed application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called as "the Act of 1996") for setting aside the arbitral award dated 29.05.2018 and 15.12.2021. During the pendency of the said application, petitioner moved an application for filing of certain documents which were kept in some box and came to his knowledge on 20.10.2024, which led to filing of an application on 22.10.2024. The court below by order impugned dated 09.12.2024 considering the said application to be under Order XLI Rule 27 CPC has rejected the same. Hence, the present writ petition.

3. Learned counsel for the petitioner submits that court below had wrongly rejected the application holding it to be

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