Punjab-Haryana High Court
Pawan Kumar And Others vs Union Of India And Others on 20 February, 2026
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
FAO-6232-2025 (O&M) -1-
224
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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FAO-6232-2025 (O&M)
Date of Decision: 20.02.2026
Pawan Kumar and others .... Appellants
Versus
Union of India and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. Sanjay Jain, Advocate
for the appellants.
Mr. D.K. Singal, Advocate,
for the respondents.
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JASGURPREET SINGH PURI, J. (ORAL)
CM-22107-CII-2025 The present application has been filed for condonation of delay of 18 days in re-filing the present appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 18 days in re-filing the appeal, is hereby condoned. Main Case
1. The present is first appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') for setting aside the order dated 22.05.2025 passed by learned Additional District Judge, Kurukshetra vide which the objections under Section 34 of the Act filed by the appellants against the arbitral award dated 03.04.2019 have been dismissed.
2. Learned counsel for the appellant submitted that the only issue involved in the present case is that vide impugned order dated 22.05.2025, 1 of 3 ::: Downloaded on - 26-02-2026 20:48:26 ::: FAO-6232-2025 (O&M) -2- learned Additional District Judge, Kurukshetra has dismissed the objections under Section 34 of the Act on the ground that the provisions of Section 3G(5) of the National Highways Act, 1956 have been declared unconstitutional by a Division Bench of this Court in CWP- 19799-2023 titled as "Sohan Lal and others Vs. Union of India and others" on 20.03.2025. He further submitted that subsequently vide order dated 30.05.2025 passed in Special Leave Petition (Civil) Diary No(s).26933/2025 titled as "M/s Riar Builders Private Limited and another Vs. Union of India and others", Hon'ble Supreme Court has stayed the aforesaid judgment passed by a Division Bench of this Court. The aforesaid order passed by Hon'ble Supreme Court is reproduced as under:-
"1. Issue notice, returnable on 08.09.2025.
2. Meanwhile, the operation of the impugned judgment(s) shall remain stayed.
3. Consequently, the pending proceedings under Section 3G(5) of the National Highways Act, 1956; Sections 34, 36 and 37 of the Arbitration and Conciliation Act, 1996 and the execution of arbitral awards shall continue in accordance with law."
3. Learned counsel for the appellants submitted that in this way, the impugned order is liable to be set aside as the operation of the judgment passed by a Division Bench of this Court in Sohan Lal and others case (Supra) has already been stayed by Hon'ble Supreme Court as aforesaid and the execution of arbitral awards is also directed to be continued in accordance with law.
4. Notice of motion.
5. On the asking of the Court, Mr. D.K. Singal, Advocate, who is on the panel of National Highways Authority of India has caused appearance 2 of 3 ::: Downloaded on - 26-02-2026 20:48:27 ::: FAO-6232-2025 (O&M) -3- on behalf of the respondents-NHAI and submitted that there is no dispute with regard to the aforesaid position that Hon'ble Supreme Court has stayed the aforesaid judgment passed by a Division Bench of this Court in Sohan Lal and others case (Supra) .
6. In view of the above, the present appeal is allowed. The impugned order dated 22.05.2025 passed by learned Additional District Judge, Kurukshetra is hereby set aside. The objections under Section 34 of the Act filed by the appellants shall proceed in accordance with law.
20.02.2026 (JASGURPREET SINGH PURI)
Bhumika JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No
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