Authority: Uttarakhand High Court

Order Date: 02 November 2026

Case Overview

  • Petitioner: Devesh Kabdwal; Respondent: National Highways Authority of India (NHAI) and another party.
  • The writ petition (WPMS/3293/2026) challenged the order dated 31 March 2026 issued by the Arbitrator/District Magistrate, Nainital, in Arbitration Case No. 51/02 of 2024‑2025, where the arbitration claim was dismissed on limitation grounds.
  • Respondent No. 1 raised a preliminary objection invoking Section 34 of the Arbitration and Conciliation Act, 1996, arguing that the writ petition is not maintainable because an alternative statutory remedy exists.
  • The petitioner acknowledged the applicability of Section 34 and indicated intention to pursue that remedy.

Final Outcome

  • The Court held the writ petition non‑maintainable under Section 34 and dismissed it.
  • Liberty was granted to the petitioner to file an application under Section 34 of the Arbitration and Conciliation Act, 1996, before the appropriate forum.

Topics: Arbitration, Infrastructure