Court No. - 39
Case :- WRIT - C No. - 6362 of 2018 Petitioner :- Raj Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Chandra Srivastava,Sunita Sharma Counsel for Respondent :- C.S.C.,Devendra Kumar,Neeraj Dube
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
The award made by the Arbitrator under section 3-G(5) of the National Highways Act, 1956 (hereinafter referred to as the 'Act') has been assailed in this petition.
Sub-section (5) of section 3H of the Act provides that the provisions of the Arbitration and Conciliation Act, 1996 shall apply to every arbitration under the Act.
Such being the position, the petitioners have a statutory alternative remedy available under section 34 of the Arbitration and Conciliation Act, 1996 to assail the award made by the Arbitrator.
The Court, therefore, declines to entertain this petition. It is, accordingly, dismissed.
Order Date :- 26.2.2018 GS (Dilip Gupta, J.) (Jayant Banerji, J.)