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2025 DAILYLAW 17749 (HP)

BANISH KAUSHAL v. LAND ACQUISITION OFFICER CUM COMPETENT AUTHORITY AND ANOTHER

ARB.C/24/2025 · 2025-06-23

Satyen Vaidya

body2025

Judgment text

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( 2025:HHC:19404 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No. 24 of 2025. Date of decision : 23rd June, 2025. Banish Kaushal ...Petitioner. Versus Land Acquisition Officer & Anr. ...Respondents Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioner : Mr. Varun Rana, Advocate. For the respondents : Mr. Baldev Singh Negi, Addl. A.G., for respondent No.1. Ms. Shreya Chauhan, Advocate, for respondent No.2. Satyen Vaidya, Judge (Oral) By way of this application, a prayer has been made to extend the period of mandate of Arbitrator in Arbitration Case No. 928 of 2016. 2. It is averred that the respondents had got the matter adjourned before the Arbitrator many times for filing reply. It is alsoaverred that due to Covid-19 pandemic the proceedings could not be effectively undertaken by the Arbitrator for considerable period of time. The Arbitrator ultimately vide order dated 01.10.2022 kept the proceedings in abeyance on the ground that his 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- mandate had expired in terms of the provisions of Arbitration and Conciliation Act, 1996. 3. Reply has been filed on behalf of respondent No.1. Factual aspect could be denied by the respondents. Evidently, a lot of time elapsed and was wasted due to the condition prevalent consequent to Covid-19 Pandemic. It also appears that due to said reason a huge pendency of arbitration cases got accumulated before the Arbitrator. In such circumstances, none of the parties or Arbitrator can be faulted for the delay caused in final adjudication of the matter. 4. Keeping in view the peculiar facts and circumstances of the case, the instant petition is allowed and the mandate of the learned Arbitrator to conclude the proceedings is extended by six months from the date of passing of this order. Since, the proceedings in the arbitration have been delayed considerably, it will be open for NHAI to agitate its rights in respect of payment of interest during the pendency of arbitral proceedings before the Arbitrator. Petition stands disposed of accordingly. (Satyen Vaidya) 23rd June, 2024 Judge (jai)