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2025 DAILYLAW 43995 (ALL)

KANPUR DEVELOPMENT AUTHORITY AND 2 OTHRS. v. MR. SUDHANSHU SAROHA AND ANOTHER

A227/1999/2017 · 2025-05-05

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72872 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1999 of 2017 Petitioner :- Kanpur Development Authority And 2 Othrs. Respondent :- Mr. Sudhanshu Saroha And Another Counsel for Petitioner :- Ajeet Kumar Singh Counsel for Respondent :- Abhinava Krishna Srivastava,Manoj Srivastava,Ram Kishore Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. Sri Ram Kishore Pandey, learned counsel for respondent no. 2 submits that the petitioners and respondent no. 2 had entered into an agreement pursuant to which some contract was awarded to respondent no. 2 who had carried out the work. A dispute arose between Kanpur Development Authority and respondent no. 2 which led to appointment of Arbitrator by this Court. The award was made by Arbitrator which was put to challenge in proceedings under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter called as "the Act of 1996"). The application under Section 34 was dismissed in default. During the dismissal of the application under Section 34, respondent no. 2 had instituted execution proceedings under Section 36 of the Act of 1996. Thereafter, an application for restoring the application under Section 34 was moved which being time barred has been rejected by order impugned. 2. Learned counsel for the respondent no. 2 submits that already the awarded amount has been paid to respondent no. 2 and execution proceedings have come to an end. According to him, the matter has become infructuous. 3. In view of statement so made by learned counsel for respondent no. 2, the writ petition is dismissed as infructuous. 4. However, in case, any cause of action survives, the petitioner may move an application for recalling of the order. Order Date :- 6.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad