Allahabad High Court
A227/13284/2026 of AVANISH KUMAR AGRAWAL Vs NATIONAL HIGHWAY AUTHORITY OF INDIA on 22 September 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13284 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "1. Pass an order to direct the Additional District Judge/ Additional Session Judge/F.T.C.II Bijnor, to
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13284 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. This writ petition has been filed with the following prayer:- "1. Pass an order to direct the Additional District Judge/ Additional Session Judge/F.T.C.II Bijnor, to decide the execution case no
- 5/2026 Avanish Kumar Agrawal Vs National Highway Authority Of India pending before Additional District Judge/ Additional Session Judge/F.T.C.II Bijnor, within stipulated period fixed by this Hon'ble court.
2. It is contended by learned counsel for the petitioner that an award was made on 27.09.2025 in favour of petitioner. Against the said award, National Highways Authority of India (NHAI) has preferred an application under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter called as "the Act of 1996"), which is pending consideration.
3. Sri Atul Kumar Shahi, learned counsel appearing for NHAI submits that matter was posted for 22.09.2026. On that date, the petitioner had moved an adjournment application and the matter has been adjourned and has been fixed for next date. According to him, short dates are being fixed but the petitioner is not cooperating in the matter and letting the application under Section 34 of the Act of 1996 be decided.
4. After hearing learned counsel for the parties, this Court finds that no direction can be issued at this stage for execution of the award as the application under Section 34 of the Act of 1996 is pending consideration. Versus Counsel for Petitioner(s) : Rajesh Dutta Pandey, Sachin Counsel for Respondent(s) : Rajesh Kumar Jaiswal Avanish Kumar Agrawal .....Petitioner(s) National Highway Authority Of India .....Respondent(s)
5. The court below is hereby directed to proceed with application filed under Section 34 of the Act of 1996 and decide the same, positively within a period of one month from the date of production of certified copy of this order without granting any adjournment to either of the parties.
6. With the aforesaid directions, writ petition stands disposed of.
7. In case, admitted amount has not been released in favour of petitioner, the same shall be released. September 23, 2026 (V. S. SINGH) A227 No. 13284 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad