A writ petition for enforcement of an arbitration award under the Arbitration and Conciliation Act is not maintainable; an execution petition is required.

ORDER

This writ petition has been filed to direct the third respondent to pay the enhanced compensation of Rs.15,69,716/- to the petitioner with applicable interest as per the Arbitration Award dated 31.05.2024, based on the petitioner’s representation dated 08.08.2025.

2.Admittedly, an Arbitration Award dated 31.05.2024 has been passed in favour of the petitioner as per the provisions of the National Highways Act. The said award is also the subject matter of challenge before the appropriate court as per the provisions of Section 34 of the Arbitration and Conciliation Act, 1996.

3.Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of respondents 1 and 2. Mr.Su.Srinivasan, learned counsel accepts notice on behalf of the third respondent.

4.The petitioner contends that since the court exercising its power under Section 34 of the Arbitration and Conciliation Act, 1996 has not granted any stay of the operation of the Arbitration Award dated 31.05.2024, this writ petition seeking for enforcement of the Arbitration Award dated 31.05.2024 is maintainable.

5.Since the Arbitration and Conciliation Act, 1996 is a special code by itself, the only remedy available for the petitioner as per the provisions of Section 36 of the Arbitration and Conciliation Act is to file an Execution Petition to execute the Arbitration Award dated 31.05.2024 in case the Court exercising the power under Section 34 of the Arbitration and Conciliation Act has not granted any stay of the operation of the Arbitration Award dated 31.05.2024. Instead of filing an Execution Petition, the petitioner has filed this writ petition, which in the considered view of this Court is not maintainable as the Arbitration and Conciliation Act, 1996 is a special code by itself and is a special law, which provides for a specific provision, i.e. Section 36, which directs the Award holder to file an Execution Petition seeking enforcement of the Arbitration Award.

6.Since this writ petition is not maintainable, this writ petition is dismissed. Liberty is granted to the petitioner to seek for enforcement of the Arbitration Award dated 31.05.2024 by filing an execution petition before the Executing Court under Section 36 of the Arbitration and Conciliation Act in case the Court exercising the power under Section 34 of the Arbitration and Conciliation Act has not granted stay of operation of the Arbitration Award dated 31.05.2024. No costs.