BAHADUR SINGH KANWAR (deceased) THROUGH his LRs AND OTHERS v. UOI AND OTHERS
ARB.C/191/2025 · 2025-07-09
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15756 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15756 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Arb.Case No.191 of 2025
Decided on: 09.07.2025 _________________________________________________________________ Bahadur Singh Kanwar (Deceased) through LRs:- Lal Singh and Others
....Petitioners
Versus Union of India & Ors.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Hitesh Kumar, Advocate.
For the respondents: Mr. Balram Sharma, DSGI for respondent No.1.
Ms. Sneh Bhimta, Advocate, for respondents No.2 and 5.
Mr.
Y.P.S. Dhaulta, Additional Advocate General, for respondents No.3 and 4.
Jyotsna Rewal Dua, Judge
It is not in dispute that a Reference Petition bearing No.127 of 2016 preferred by the petitioner under Section 3G of the National Highways Act is pending
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Shimla 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’), 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 petitioners have prayed for extending the time for pronouncing the award by six months.
2.
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.
3.
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
- 3 - 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
Judge July 9, 2025 R.Atal