Bombay High CourtWP/3875/2019dismissed

Suresh S/O Damuji Patil v. The Secretary To The Government Of India, Ministry Of Road Transport And Highways, New Delhi And Ot

2023-07-13Hon'Ble Shri Justice Avinash G. Gharote2 pages

14. WP 3875 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3875/2019 Suresh s/o Damuji Patil ...Versus...

The Secretary to the Government of India, Ministry of Road Transport and Highways, Dwarka, New Delhi and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri S.P. Kshirsagar, Advocate for petitioner Shri N.R. Patil, AGP for respondent nos.1 to 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 13/07/2023 Heard Shri S.P. Kshirsagar, learned counsel for the petitioner. The petition challenges the award dated 30/06/2015, passed by the learned Arbitrator under Section 3-G (5) of the National Highways Act, 1956 (for short "N.H. Act" hereinafter) [pg.59], in spite of the remedy available under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, "A and C Act" hereinafter) since the same was not availed within time-frame stipulated therein. In my considered opinion, such a challenge cannot be entertained for the reason that since a specific remedy was provided under Section 34 of the A and C Act, by virtue of the provisions of Section 3-G (6) of the N.H. Act and the same has not been availed within the

14. WP 3875 of 2019.odt time-frame stipulated therein, the remedy has been lost. Once that has happened, the same relief cannot be sought by invoking the jurisdiction of this Court under Article 226 of the Constitution of India. I therefore do not see any reason to entertain the present petition. The writ petition is dismissed. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR