Prakash Kaur And Others vs Union Of India And Others

Pankaj Purohit, J

This writ petition under Article 227 of the Constitution of India has been filed by petitioners seeking indulgence of this Court for a direction to learned District Judge, Udham Singh Nagar, to expedite the disposal of Arbitration Case No.07 of 2023 Smt. Prakash Kaur and Others Vs. Union of India and Others, within a time frame fixed by this Court.

It is the contended by learned counsel for petitioners that the arbitration proceedings were launched between the parties which resulted into an arbitration award dated 26.02.2021. It is further contended by him that an application was moved by petitioners under Section 34 of the Arbitration and Conciliation Act, before the learned District Judge, Udham Singh Nagar, which was registered as Arbitration Case No.07 of 2023 Smt. Prakash Kaur and Others Vs. Union of India and Others, for challenging the award, whereby, the enhancement of compensation was denied to the petitioners.

Learned counsel for petitioners further submits that pleadings of the parties have already been exchanged in the said Arbitration Case, and therefore, only argument is left to be done. He also submits that the said Arbitration Case is pending since 2023. He requested a direction to be issued to learned District Judge, District Udham Singh Nagar, to expedite the disposal of aforesaid Arbitration Case No.07 of 2023 Smt. Prakash Kaur and Others Vs. Union of India and Others.

Learned counsel for the respondents have no objection if such a direction be issued to learned District Judge, Udham Singh Nagar.

Since, right of speedy justice is a fundamental right accrued in favour of petitioners in view of the constitution scheme, and therefore, the petitioners can claim for matter to be decided expeditiously in accordance with law. Thus, learned counsel for petitioners has succeeded in making out a case for a direction to be issued to learned District Judge, Udham Singh Nagar, for expeditious disposal of the aforesaid Arbitration Case.

Accordingly, present writ petition is allowed. Learned District Judge, Udham Singh Nagar, is hereby directed to decide the Arbitration Case No.07 of 2023 Smt. Prakash Kaur and Others Vs. Union of India and Others, expeditiously but not later than six months from the date of production of certified copy of this order.