Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No.195 of 2025
Date of decision: 11.07.2025 Savitri Devi.
...Petitioner. Versus National Highway Authority of India & Ors. ...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioner : Ms. Suchitra Sen, Advocate.
For the respondents : Ms. Sneh Bhimta, Advocate, for respondent No.1.
: Mr. L.N. Sharma, Additional Advocate General, for respondent No.2-State
Jyotsna Rewal Dua, Judge
Notice. Ms. Sneh Bhimta, Advocate and Mr. L.N. Sharma, Additional Advocate General, accept notice on behalf of respondent No.1 and respondent No.2, respectively.
2.
It is not in dispute that a Reference Petition bearing No.72/2019 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, camp at Solan, Himachal Pradesh. The period of 12 months in terms of Section 29A(1) of the Arbitration & Conciliation Act, 1996 (in short ‘the Act’),
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
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
22.07.2025. 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 11th July, 2025
Judge (Pardeep)