Rampal and 5 Others v. Government of India and 2 Others

Court No. - 37 Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 640 of 2023 Appellant :- Rampal And 5 Others Respondent :- Government Of India And 2 Others Counsel for Appellant :- Prashant Rathor,Sanjay Gangwar Hon'ble Ajay Bhanot,J. The appeal arises out of the land acquisition made under the National Highways Authority of India Act and the award was made before the arbitral tribunal under Section 3G(5) of the National Highways Authority of India Act. The array of respondents in proceedings before the learned court below under Section 34 of the Arbitration and Conciliation Act is as under: "1.भभारत सरकभार दभारभा जजिलभाजधिकभाररी महहोदय महहोबभा

2.वविशशेष भभू अजिरन अजधिकभाररी बभााርदभा

3.अजधिशभाषरी अवभययंतभा परी डब्लभू डरी एन एच वडविरीज़न झभााርसरी............ ्ቚवतविभादरी" The array of respondents before this Court is as follows:

¶1Government of India, through District Magistrate, Mahoba.

¶2Special Land Acquisition Officer, Banda.

¶3Executive Engineer, P.W.D., N.H.Division, Jhansi…respondents" Shri Prashant Rathore, learned counsel and Shri Sanjay Gangwar, learned counsels for the appellants at the very first instance submit that the parties were incorrectly arrayed before the court below as well as before this Court. Hence proper respondents could not be served. Learned counsels for the appellants prays for and are granted leave to withdraw this appeal and institute fresh proceedings under Section 34 of the Arbitration and Conciliation Act before the competent court. Shri Aloke Kumar, learned counsel has entered appearance on behalf of the National Highway Authority of India on the request of the Court. He does not have any serious objection to the aforesaid submissions. In wake of the aforesaid, the impugned order dated

25.09.2023 passed by learned Incharge, District Judge, Mahoba is liable to be set aside and are set aside. The appeal is allowed. It is clarified that this Court has not passed any order on the merits of the case. Order Date :- 11.12.2023 Dhananjai High Court of Judicature at Allahabad