Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Arbitration Case No. 276/2025
Decided on: 03.09.2025 Yogesh & Ors.
…..Petitioners.
Versus NHAI & Anr.
....Respondents .…………………………………………………………………………… Coram The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioners : Mr. Dibender Ghosh, Advocate.
For the respondents : Ms. Sneh Bhimta, Advocate, for
respondents No.1/NHAI.
Mr. Y.P.S. Dhaulta, Additional
Advocate General, for respondent
No.2.
Jyotsna Rewal Dua , J
Notice. Ms. Sneh Bhimta, learned counsel and Mr. Y.P.S Dhaulta, learned Additional Advocate General, accept notice on behalf of respondents No.1 and 2, respectively.
2.
It is not in dispute that a Reference Petition bearing No.265/18 preferred by the petitioners 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 months in terms of Section 29A(1) of the Arbitration & Conciliation Act, 1996 (in short ‘the Act’), available to
1 Whether reporters of the local papers may be allowed to see the judgment?
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 petitioners have 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 petitioners have 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 22.09.2025. 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
Judge 03rd September, 2025(rohit)