RENUBALA SABAT Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Behera, learned advocate appears on behalf of petitioner and submits, his client has challenged order dtd. 21/3/2022 passed by the learned District Judge, rejecting challenge to award dtd. 13/12/2016.

(2.) Mr. A. Das, learned advocate appears on behalf of National Highways Authority of India (NHAI) and submits, the writ is not maintainable since sec. 37, Arbitration and Conciliation Act, 1996 provides for appeal against impugned order. Mr. Behera submits, his client will file misc. case for change of nomenclature.

(3.) There will be departmental difficulties in event nomenclature of the writ petition is changed to appeal. This is because on presentation of appeal, inter alia, there must be made a report regarding limitation. In the circumstances, Court grants liberty to Mr. Behera to withdraw the writ petition to enable his client to prefer appeal. Leave is also granted for petitioner to obtain return of the certified copy upon presenting a true copy thereof, to be kept with the record. Petitioner may pray for exclusion of time in presenting the appeal.