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2025 DAILYLAW 11035 (HP)

M/S GARG SONS ESTATE PROMOTERS PVT LTD v. STATE OF HP

ARB.C/114/2025 · 2025-07-15

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No. 114/2025 Decided on: 15.07.2025 M/s Garg Sons Estate Promoters Pvt. Ltd. …..Petitioner. Versus State of H.P. & Anr. ....Respondents .…………………………………………………………………………….. Coram The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Suneet Goel, Sr. Advocate with Mr. Vishwas Kaushal, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J This petition has been preferred under Section 29-A of the Arbitration and Conciliation Act, 1996 for extending the time to the learned Arbitral Tribunal to complete the proceedings. 2. In M/s Garg Sons Estate Promoters Vs. State of H.P. & Anr. 2, the time period for completion of arbitral proceedings was extended by four months w.e.f. 04.11.2024. Pursuant thereto, proceedings were conducted by the learned Arbitrator. From the order dated 14.01.2025 passed by the learned Arbitrator, placed on 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Arbitration Case No. 947/2024 decided on 31.12.2024 record as Annexure P-6, it appears that both the parties had taken adjournments during the months of January & February 2025 on account of winter vacation in the High Court of H.P. Accordingly, the matter was adjourned by the learned Arbitrator to March, 2025 and that too for cross examination of the respondents’ witnesses. Order dated 14.01.2025 records that the learned Arbitrator would need three months more for completing the arbitral proceedings. Despite repeated opportunities granted to the respondents, reply to the present case has not been filed. 3. In view of above, more particularly, taking note of order dated 14.01.2025 (Annexure P-6) passed by the learned Arbitrator, the present petition is allowed. Time for completion of arbitral proceedings is now extended by six months w.e.f. 04.03.2025 in the interest of justice. 4. Parties are directed to apprise learned Arbitrator of this order forthwith to enable him to immediately fix the date for hearing. 5. The present petition to stand disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 15th July, 2025 (rohit)