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TMI Blog2022 (8) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... d Arbitral Tribunal/Court is to be executed by initiating an execution proceeding before the concerned Executing Court. But, by passing the impugned order/directions the High Court has virtually converted itself into Executing Court. Therefore, once the original writ petitioner was having an efficacious, alternative remedy to execute the award passed by the learned 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 under Article 226 of the Constitution of India which was filed to execute the award passed by the Arbitral Tribunal/Court. If ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the provisions of the NHAI Act. That the amount of compensation came to be enhanced by the learned Arbitrator. The award passed by the learned Arbitrator has been challenged by the NHAI by availing the statutory remedy under Section 34 of the Arbitration Act to the extent of the enhanced amount. That as there was no stay of the award passed by the learned Arbitrator in a proceedings under Section 34 of the Arbitration Act, the respondent herein original land owners instead of filing the execution petition to execute the award declared by the learned Arbitrator enhancing the amount of compensation, filed the writ petition before the High Court and prayed for a Writ of Mandamus and/or appropriate directions/orders directing the NHAI to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ati, learned ASG that as the award passed by the learned Arbitrator was executable before the concerned Executing Court and therefore when the original writ petitioners had a statutory remedy available to execute the award by initiating the execution proceedings before the concerned Executing Court, the High Court ought not to have entertained the writ petitions under Article 226 of the Constitution of India to execute the award passed by the learned Arbitrator. 3.2 It is further submitted by Ms. Bhati, learned ASG that even otherwise the Hon ble High Court has committed a serious error in permitting the writ petitioners original land owners to withdraw 75% of the amount of compensation with interest, when the appellant had already ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder. However, learned Counsel appearing on behalf of the private respondents herein original land owners original writ petitioners, is not in a position to dispute and is not disputing that the award passed by the learned Arbitral Tribunal/Court is executable by way of an execution proceeding before the concerned Executing Court. 5. We have heard the learned counsel for the respective parties at length. 6. At the outset, it is required to be noted that the private respondents herein original writ petitioners filed the writ petition before the High Court and prayed for the following reliefs in exercise of powers under Article 226 of the Constitution of India: (a) This Writ Petition may kindly be allowed. (b) That, by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 under Article 226 of the Constitution of India which was filed to execute the award passed by the Arbitral Tribunal/Court. If the High Courts convert itself to the Executing Court and entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the Arbitral Tribunal/Court, the High Courts would be flooded with the writ petitions to execute awards passed by the learned Arbitrator/Arbitral Tribunal/Arbitral Court. 7. We disapprove the entertaining of such writ petitions under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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