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2025 DAILYLAW 11059 (HP)

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

ARB.C/115/2025 · 2025-07-28

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.115 of 2025 Decided on: 28th July, 2025 ------------------------------------------------------------------------------------- M/s Garg Sons Estate Promoters Pvt. Ltd. …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vivek Negi, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge 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 record as 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Arbitration Case No.949 of 2024, decided on 31.12.2024 2 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 seven 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. The present petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 28, 2025 Judge Mukesh