IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arbitration Case No. 624 of 2023 & OMP(M) No. 602 of 2023 Date of Decision: 08.01.2026 _________________________________________________________ Rakesh Vaidya & Anr. ...Petitioners Versus National Highway Authority of India …Respondents Coram: Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? For the petitioners: Mr. Ajay Kochhar, Senior Advocate, with Mr. Vivek Sharma, Advocate, for the petitioner(s)/applicants in Arb. Case No. 16 of 2024 and 624 of 2023 & OMP No. 299 of 2025. For the respondents: Ms. Shreya Chauhan, Advocate, for respondent No.1/NHAI. Mr. Pranay Pratap Singh, Additional Advocate General, for respondent No.2/State. Ranjan Sharma, Judge Petitioners, Rakesh Vaidya and Rajiv Vaidya, have come up before this Court in proceedings under Section 36 of the Arbitration & Conciliation Act, 1996, 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 seeking enforcement/execution of the Award dated 30.07.2022 [Annexure P-2] passed by Learned Arbitrator-cum-Divisional Commissioner, Mandi, in Case No. 1103 of 2017, whereby, the petitioners were held entitled to enhanced compensation at the notified circle rate for village Hatt 36/90, Tehsil Bhuntar, District Kullu, H.P, @ Rs.9,515/- per square meter, instead of the compensation assessed by Competent Authority Rs.4,758/- per square meter. 2. Challenge to the Award dated 30.7.2022 laid by Respondent-NHAI in proceedings under Section 34 was negated by Learned District Judge, Kullu (H.P) in CMP No. 24 of 2023, decided on 31.05.2023, titled NHAI & Anr. Vs. Salochan Vaidya & Ors, (Annexure P-1), with the finding that the objections filed beyond 120 days were not entertainable, being time-barred. 3. Feeling aggrieved against the Award passed by the Learned Arbitrator on 30.07.2022 and order passed by Learned District Judge on 31.05.2023 in Section 34 proceedings, the Respondent-NHAI filed 3 an Arbitration Appeal under Section 37 alongwith an application seeking condonation of delay vide OMP(M) No. 116 of 2024, which stands dismissed by this Court, vide separate order passed today. 4. During the pendency of instant case [Arbitration Case No. 624 of 2023, filed under Section 36 of the Arbitration & Conciliation Act seeking execution of Award passed by Arbitrator, which was upheld by Learned District Judge], this Court issued notice to the Respondent -NHAI on 08.08.2023, with direction to file objections to the execution petition if any. It is averred that in execution proceedings, the petitioners filed an application i.e. OMP No. 602 of 2023, giving calculations of the amount due in terms of Award alongwith all statutory benefits with upto date interest as spelt out in Para 10 of said application. Upon listing this application, this Court issued notice to Respondent- NHAI, on 08.08.2023 and on 04.07.2024 further time was granted to file reply but instead of filing reply, Respondent-NHAI has placed on record, a communication dated 21.06.2023, that 4 undisputed amount of Rs.13,66,77,652/- (Rs. Thirteen Crore Sixty Six Lakh Seventy Seven Thousand Six Hundred Fifty Two Only) and statutory accruals alongwith interest stands deposited in this Court, in the following terms:- “As a sequel to orders dated 04.12.2024, learned counsel for Respondent- NHAI informs that the undisputed amount as in communication dated 21.06.2023 [Annexure R-1] with all statutory interests, amounting to Rs.13,66,77,652/- [Rupees Thirteen Crore Sixty Six Lakhs Seventy Seven Thousand Six Fifty Two] stands deposited in the Registry of this Court. In terms of above, learned counsel for petitioner(s)/appellant(s) prays for an adjournment, so as to enable them to have further instructions with respect to the instant proceedings. As prayed for, list the matter on 04.04.2025." 5. Pursuant to the deposit of aforesaid undisputed amount in this Court, the petitioners filed another application, OMP No. 299 of 2025, seeking release of deposited amount. Upon listing of the application on 04.04.2025 and then on 28.07.2025, since no reply was filed, therefore, this Court, directed the Registry to release the undisputed amount of Rs.13,66,77,652/- (Rupees Thirteen Crore 5 Sixty Six Lakh Seventy Seven Thousand Six Hundred Fifty Two), falling to the share of the applicants in OMP No. 299 of 2025, namely Rakesh Vaidya and Rajiv Vaidya, subject to verification of their bank account details within four weeks. 6. At this stage, Learned Senior Counsel Mr. Ajay Kochhar, on Instructions of the assisting Counsel and Learned Counsel for NHAI, jointly represent that since the undisputed amount which stood deposited in the Registry of this Court stands released, therefore, the instant execution proceedings under Section 36 may be closed [Statement Taken on Record], in view of the fact that the challenge laid to the Award dated 30.07.2022 passed by Arbitrator and the Orders dated 31.05.2023 passed in Section 34 proceeding by Learned District Judge stand dismissed in terms of the orders dated 08.01.2026 passed today, in Section 37 proceedings alongwith an application, [OMP(M) No. 116 of 2024] seeking condonation of delay in filing accompanying appeal. Accordingly, in view of the Statement made by 6 Learned Senior Counsel for the petitioner, the present Execution Proceedings no longer survives, so far it relates to the undisputed amount, as referred to Para 4 (supra). 7. Learned Senior Counsel for the petitioners, on Instructions, submits that the petitioners, namely Rakesh Vaidya and Rajiv Vaidya, have filed an Arbitration Case No. 16 of 2023, for seeking further enhancement and aforesaid case has been deferred for hearing by this Court vide order dated 08.01.2026 for 30.03.2026. In view of above discussion and the Statement made by Learned Senior Counsel and Learned Counsel for the NHAI and in peculiar facts of this case, present proceedings are closed, so far as it relates to the prayer for execution regarding undisputed award amount; when, the undisputed amount stands released to the petitioner(s) herein. It is made clear that the petitioners may assert a claim for enhancement, if any, in the proceedings pending in Arbitration Case No. 16 of 2023, hereinafter, in 7 accordance with law. In aforesaid terms, the present petition [Arbitration Case No.624 of 2023] and all pending application(s) shall accordingly stand disposed of. (Ranjan Sharma) Judge 08.01.2026 (Shamsh Tabrez)