IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arbitration Case No.298 of 2024
Date of Decision: 29.02.2024
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Bhim Sen & Anr. ……...Petitioners
Versus
Union of India & Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioners: Ms. Suhani Gautam, Advocate.
For the respondents: Mr. Balram Sharma, Deputy Solicitor General
of India, for respondent No.1.
Ms. Sneh Bhimta, Advocate, for respondents
No.2 and 3.
Mr. Ramakant Sharma, Additional Advocate
General, for respondent No.4.
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Sandeep Sharma, J.
(Oral)
By way of instant petition, a prayer has been made to
extend the time for completion of arbitration proceedings pending
before learned Divisional Commissioner, Mandi, District Mandi, HP, in
Arbitration Case No.1543 of 2017
2. It is submitted in the application that though the
proceedings were started by learned Divisional Commissioner, Mandi,
in the year 2018, but due to COVID pandemic conditions, the delay in
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further proceedings of the case was caused. As a result of aforesaid
exigency, the docket of learned Divisional Commissioner, Mandi, is
clogged with similar matters which are pending before such authority.
On such grounds extension of time is sought.
3. The respondents, though, have not filed any reply, but
there is no opposition to the prayer made in the application. The
application is duly supported by an affidavit. The record of the
proceedings held by Divisional Commissioner, Mandi, has also been
placed on record. From perusal of the reasons stated in the application
as also the record of the learned Divisional Commissioner, Mandi, I am
satisfied that the delay in completion of proceedings is neither
intentional nor willful, but is on account of reasons which were
beyond the control of the learned Arbitrator as also the parties
concerned.
4. Otherwise, parties are ad-idem that the issue at hand has
been adjudicated by this Court in Arb. Case No. 44 of 2023, titled
Nand Lal alias Nand Lal Vardhan Vs. Land Acquisition Collector
and others, wherein provisions of S.29A of the Act have been
discussed in detail.
5. In view of this, the application is allowed. The time for
completion of arbitration proceedings by learned Divisional
Commissioner, Mandi, in Arbitration Petition/Case No.1543 of 2017 is
extended by six months to be reckoned from the date parties appear
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before learned Arbitrator. Parties are directed to appear before learned
Arbitrator on 11.03.2024. The petition is accordingly disposed of.
6. Needless to say, parties to the lis would complete
pleadings before the learned Arbitrator on or before the date fixed by
this Court, so that needful is done by the Arbitrator well within
stipulated time.
A downloaded copy of this order shall suffice for the
learned arbitrator to do the needful in terms thereof.
February 29,2024 (Sandeep Sharma),
Judge
(shankar)