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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J
S.Ilavarasu – Appellant
Versus
District Collector Cum Arbitrator – Respondent
| Table of Content |
|---|
| 1. petitioner bypassed statutory arbitration challenge timeline. (Para 1 , 2) |
| 2. writ petitions are not maintainable against national highways act awards. (Para 3) |
| 3. liberty granted to file if law changes. (Para 4) |
ORDER
The petitioner has challenged the award passed under the National Highways Act through this writ petition.
2. Admittedly, the petitioner did not file an application under Section 34 of the Arbitration and Conciliation Act, 1996 within the limitation period as prescribed under Section 34 of the Arbitration and Conciliation Act, 1996 before the appropriate Court. Instead of filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has filed this writ petition, that too belatedly.
3. The learned counsel for the petitioner would submit that the issue as to whether the writ petition is maintainable as against an award passed under the National Highways Act is the subject matter of consideration before the Honourable Supreme Court in Writ Petition (Civil) No.1364 of 2023. Therefore, he would submit that this writ petition is maintainable. However, it is settled law as held by various decisions of this Court as well a
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