The Madhya Pradesh High Court holds that the statutory remedy U/S 34 Arbitration Act cannot be bypassed by filing a Writ Petition.

The Madhya Pradesh High Court has dismissed a Writ Petition which challenged an Arbitrator’s award while holding that the statutory remedy available under Section 34 Arbitration & Conciliation Act, 1996 and under the National Highways Act, 1956 cannot be bypassed by filing a Writ Petition. 

The High Court observed thus:

On perusal of the writ petition, it is seen that efficacious alternative remedy being available, the petitioner would be at liberty to assail all the grounds raised in this writ petition. The statutory remedies under the Act of 1996 as well as the Act of 1956 cannot be bypassed by the petitioner, especially when after the stage of adjudication under Section 34 of the Act, the parties/ petitioner would have statutory remedy of approaching the High Court in appeal under Section 37 of the Act of 1996. The High Court relied upon the Apex Court’s judgment in Hindustan Coca Cola Beverage Private Ltd vs. Union of India and others reported in (2014) 15 SCC 44, in which it is held that:- "when the statute provides for statutory appeal, the said remedy is to be availed by the litigating parties."

 Fulkunwar v. Saksham Pradhikari Rajasv, Ratlam