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Civil · Reportable judgment

National Highways Authority of India vs Sheetal Jaidev Vade & Ors.

Court
Supreme Court of India
Date
24 August 2022
Case No.
Civil Appeal No. 5256 of 2022
Result
Disposed
Bench
M.R. Shah, B.V. Nagarathna
Citation
[2022] 11 S.C.R. 118 : 2022 INSC 861
Supreme Court Reports [2022] 11 S.C.R. 118 : 2022 INSC 861
Headnote

Alternative Remedy – Availability of – Constitution of India – Article 226 – Arbitration and Conciliation Act, 1996 – s.34 – Writ petitions u/Article 226 seeking reliefs to execute award passed by Arbitral Tribunal/Court – Entertainment of – Disapproved – Held: Reliefs sought by the private respondents-land owners were in the nature of execution of the award passed by the Arbitral Tribunal/Court – Apart from the fact that the award has been challenged by the appellant-NHAI by initiating proceedings u/s.34, Arbitration Act which are pending, the High Court ought not to have entertained the writ petition u/Article 226 seeking the reliefs to execute the award passed by the Arbitral Tribunal/Court, when the award passed is to be executed by initiating an execution proceeding before the concerned Executing Court – By passing the impugned order directing NHAI to deposit the compensation amount as awarded by the Arbitrator, the High Court virtually converted itself into Executing Court – Once the original writ petitioner was having an efficacious, alternative remedy to execute the award passed by the Arbitral Tribunal/Court, by initiating an appropriate execution proceeding before the competent Executing Court, the High Court ought to have relegated the original writ petitioners to avail the said remedy instead of entertaining the writ petition u/Article 226 – If the High Courts convert themselves to the Executing Court and entertain the writ petitions u/Article 226 to execute the award passed by the Arbitral Tribunal/Court, they would be flooded with such writ petitions – Further, in view of similar order passed by the Supreme Court in Saraswatibai Chandrakant Shinde case, present proceedings disposed of with directions – Impugned order modified – Deprecation.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.04.2022 passed by the High Court of Judicature of Bombay at Aurangabad in Writ Petition No.144 of 2021 by which in a writ petition filed by the respondents herein – original land owners, in exercise of powers under Article 226 of the Constitution of India, the High Court has directed the appellant – NHAI to deposit the entire compensation amount as awarded by the learned Arbitrator and thereafter permitting the original land owners – original writ peti
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