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2025 Supreme(Online)(All) 2579

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Mahesh Chandra Tripathi, Kunal Ravi Singh, JJ
Suryadev Pathak – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Vishveshwar Mani Tripathi
For the Respondents: A.s.g.i., Anuj Agrawal, C.S.C., Mahendra Pratap, Pranjal Mehrotra, Rajesh Kumar Jaiswal

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court clarified that petitions seeking mandates for arbitration proceedings are not maintainable under Article 226 of the Constitution, as the appropriate remedy lies exclusively with a competent civil court under the Arbitration Act. The legislative framework explicitly designates a specific forum for addressing delays or extensions in arbitration, and the High Court does not have original jurisdiction for such matters (!) (!) .

  2. The arbitration under Section 3G(5) of the relevant Act is a statutory arbitration, and the provisions of the Arbitration and Conciliation Act, 1996, apply to such arbitrations only to the extent they are not inconsistent with the special Act. The appointment of arbitrators and dispute resolution are governed by the specific provisions of the Act, which is a self-contained code (!) (!) .

  3. The timeline for arbitration proceedings is governed by Section 29A of the Arbitration Act, 1996, which prescribes a maximum period of twelve months for the award, extendable by six months with the approval of the competent civil court. Once this period expires without extension, the mandate of the arbitrator lapses, and the arbitrator becomes functus officio (!) (!) (!) .

  4. The definition of "Court" under the Arbitration Act, 1996, is limited to the principal civil court of original jurisdiction in a district or the High Court exercising such jurisdiction. The High Court of Judicature at Allahabad does not fall within this definition, and therefore, cannot exercise jurisdiction under Section 29A for extending arbitrator mandates (!) (!) .

  5. The legislative intent is clear that disputes regarding delays or extensions in arbitration proceedings must be addressed through the statutory mechanism before the competent civil court, not through writ petitions under Article 226. The law intends to prevent forum shopping and ensure that such issues are resolved within the framework of the Arbitration Act (!) (!) .

  6. The court emphasized that after the expiry of the statutory period, the arbitrator's mandate is exhausted, and any attempt to direct the arbitrator to decide the matter via writ is contrary to law. Such directions would undermine the statutory scheme and the rights of parties to seek remedies before the designated civil courts (!) (!) .

  7. Even where the statutory period has not yet expired, the appropriate forum for seeking extension or directions is the civil court, not the High Court under Article 226. The availability of a complete statutory remedy under Section 29A bars the maintainability of writ petitions seeking similar relief (!) (!) .

  8. The order reaffirms that the High Court's jurisdiction is discretionary and should be exercised cautiously, respecting the legislative scheme that provides specific remedies for arbitration-related disputes. The court's role is to ensure compliance with statutory provisions, not to substitute its judgment for that of the civil courts (!) (!) .

  9. The court dismissed all the writ petitions, emphasizing that the proper course for aggrieved parties is to approach the competent civil court under the relevant statutory provisions for extension of time or other relief concerning arbitration proceedings (!) (!) .

  10. The decision clarifies that the order is confined to issues of jurisdiction and maintainability and does not comment on the merits of the arbitration claims. Petitioners are free to pursue appropriate remedies before the civil courts as per law (!) (!) .

These points collectively highlight the importance of adhering to statutory procedures and forums for resolving disputes related to arbitration delays and mandates, and the limited scope of the High Court's jurisdiction in such matters.


Table of Content
1. land acquisition for national highway. (Para 3)
2. petitioners claim violation of statutory rights. (Para 4)
3. arguments regarding jurisdiction and statutory scheme. (Para 5)
4. discussion on writ jurisdiction and statutory remedies. (Para 6)
5. conclusion on statute's application to arbitration. (Para 7)
6. final order on writ petitions' dismissal. (Para 8)

1. Heard learned counsels for the petitioners, Sri Pranjal Mehrotra, Sri Raghav Dwivedi and Sri Devendra Kumar, learned counsels for the respondent-National Highway Authority of India, Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents and Sri Paras Nath Rai, learned Senior Counsel for the Union of India.

1.1. Since all the aforesaid writ petitions involve a common legal issue concerning the maintainability of writ petitions seeking mandamus for time-bound disposal of arbitration proceedings under Section 3G (5) of the National Highways Act, 1956 , The Act, 1956, and the applicability of Section 29A of the Arbitration Act and Conciliation, 1996, The Arbitration Act, 1996 to such statutory arbitrations, and with the consent of learned counsel for the parties, the petitions have been clubbe

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