IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No.374 of 2024
Decided on: 28th June, 2024
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Bhup Singh …..Petitioner
Versus
National Highway Authority of India
and another .....Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioner: Mr. Maan Singh, Advocate vice
Mr. Varun Rana, Advocate.
For the Respondents: Ms. Shreya Chauhan and Ms. Sneh
Bhimta, Advocates, for respondent
No.1.
Mr. Anup Rattan, Advocate General
with Mr. L.N. Sharma and Mr. Varun
Chandel, Additional Advocates
General, for respondent No.2.
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Jyotsna Rewal Dua, Judge
Notice. Ms. Shreya Chauhan, learned counsel
and Mr. L.N. Sharma, learned Additional Advocate General,
appear and waive service of notice on behalf of respondents
No.1 and 2, respectively.
2. It is not in dispute that a Reference Petition
bearing No.76/2019 preferred by the petitioner under
1
Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
Section 3G of the National Highways Act is pending
adjudication before the learned Arbitrator, i.e. the
Divisional Commissioner, Mandi, Himachal Pradesh. The
period of 12 months in terms of Section 29A(1) of the
Arbitration & Conciliation Act, 1996 (in short ‘the Act’),
available to the learned Arbitrator for passing the award
stands elapsed. The period specified under Section 29A(3)
of the Act is also over, hence, the learned Arbitrator has
closed the proceedings in view of termination of his
mandate. In these circumstances, the petitioner has prayed
for extending the time for pronouncing the award by six
months.
3. I have heard learned counsel on both sides and
considered the case file. It has been informed that in similar
matters, taking recourse to Section 29A(4) of the Act, the
Courts have extended the period for passing the award by
six months.
4. The petitioner has made out a case for extending
the period for deciding the arbitration proceedings by six
months. Ordered accordingly. The mandate of learned
Arbitrator in deciding the petition under reference is
extended by six months from today. The parties, through
their learned counsel, are directed to appear before the
3
learned Arbitrator on 05.07.2024. All rights and
contentions of the parties are left open to be adjudicated by
the learned Arbitrator.
The petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
June 28, 2024 Judge
Mukesh