A writ petition is not maintainable against an arbitration award passed under the National Highways Act; the proper remedy is to challenge the award under S.34 of the Arbitration and Conciliation Act, 1996.

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 as by the Honourable Supreme Court that a writ petition is not maintainable, challenging the award passed under National Highways Act and if a party is aggrieved by the said award, the said party will have to only challenge the same under Section 34 of the Arbitration and Conciliation Act, 1996. As on date, the Honourable Supreme Court has not held that a writ petition is maintainable eventhough a writ petition (Civil) may be pending before the Honourable Supreme Court with regard to the very same issue. Therefore, the question of entertaining this writ petition at this stage does not arise. Therefore, this writ petition is not maintainable as on date.

4. Hence, this writ petition is disposed of as not maintainable but by granting liberty to the petitioner to file a fresh writ petition, in case, the parties succeed before the Honourable Supreme Court with regard to their contention that a writ petition is maintainable as against the award passed under the National Highways Act in future. No Costs.