IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Arb.Case No.565 of 2024
Decided on: 31st May, 2024.
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Roshan Lal & Anr . ....Petitioners
Versus
NHAI & Ors. …Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting?
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For the petitioners: Mr. Ajay Kumar, Advocate.
For the respondents: Ms. Shreya Chauhan, Advocate, for
respondent No.1.
Mr. Rajinder Thakur, Central Govt.
Counsel, for respondent No.2.
Mr. R. S. Verma and Mr. Y. P. S.
Dhaulta, Additional Advocates
General, for respondents No.3 and 4.
Jyotsna Rewal Dua, Judge
It is not in dispute that a Reference Petition
bearing No.243/2018 preferred by the petitioner under
Section 3G of the National Highways Act is pending
adjudication before the learned Arbitrator, i.e. the Divisional
Commissioner, Shimla, Himachal Pradesh. The period of 12
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
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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 learned Arbitrator
on 12.06.2024. All rights and contentions of the parties are
left open to be adjudicated by the learned Arbitrator.
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The petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
Judge
May 31, 2024
R.Atal