Neutral Citation No. - 2025:AHC:86742-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.32) Court No. - 21 Case :- WRIT - C No. - 6424 of 2025 Petitioner :- M/S. S.N. Agreemart (P) Ltd Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Alok Saxena,Aanya Verma Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Alok Saxena, learmed counsel for the petitioner and Sri Pranjal Mehrotra, learned counsel appearing for respondent no.2. 2. The petitioner has called in question the award of the arbitrator dated 20.12.2022 rendered under Section 20F(6) of the Railways Act, 1989. 3. The challenge is on the ground that the compensation awarded by the arbitrator is on a much lower side. The property in question has commercial value whereas the arbitrator has awarded compensation at agricultural rate. Indisputably the award of arbitrator is subject to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 in view of the applicability of the provisions of the Arbitration and Conciliation Act vide Section 20F(7) to the awards rendered under the provisions of the Ralways Act, 1989. 4. The limitation prescribed under Section 34 of the Arbitration and Conciliation Act, 1996 for challenging the award of the arbitrator is three months, which is extendable by a further period of thirty days. It has been settled by the Supreme Court in a catena of judgments that the limitation prescribed under Section 34 of Arbitration and Conciliation Act cannot be extended beyond the period prescribed as provisions of Section 5 of the Limitation Act does not apply. [M/s Simplex Infrastructure Ltd. vs. Union of India (2019)2 SCC 455; Union of India vs. Popular Construction Co. (2001)8 SCC 470.] 5. Upon expiration of the limitation prescribed under Section 34 to challenge the award, the same became final between the parties. 6. Remedy under Article 226 cannot be permitted to be used as a tool to defeat the statutory provisions. Since the statutory remedy has become barred by the time, we decline to entertain the challenge in exercise of writ jurisdiction. 7. The writ petition is accordingly, dismissed. Order Date :- 22.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad