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High Court of Himachal Pradesh · body

2025 DAILYLAW 19814 (HP)

SHER SINGH (DECEASED THROUGH LRs MANAK CHAND AND ANOTHER) v. COLLECTOR LAND ACQUISITION NHAI AND OTHERS

OMP/997/2025 · 2025-07-18

Tarlok Singh Chauhan

body2025

Judgment text

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Sher Singh (deceased) through L.Rs Manak Chand and another versus LAC, NHAI and others. Arb. Case No. 884 of 2023 18.07.2025 Present: Mr. Maan Singh, Advocate, for the petitioner/ applicant. Ms. Sharmila Patial, Addl. A.G for the respondent- State. Ms. Shreya Chauhan, Advocate, for the respondent/ NHAI. OMP No.997/2025 By way of instant application filed under Section 151 CPC, prayer has been made by the applicant for extension of time to comply with order dated 17.11.2023, passed by this Court in the Arbitration Case No. 884 of 2023, whereby direction was issued to the learned Arbitrator to conclude the arbitration proceedings on or before 31.05.2024. It appears that on account of some miscommunication, parties have failed to put in appearance before the learned Arbitrator, as such, Arbitrator has not been able to do the needful within time. 2. Though this Court finds merit in the submissions of Ms. Shreya Chauhan, Advocate, that present application ought to have been filed under Section 29A of the Arbitration and Conciliation Act, but since application at hand has been filed in the proceedings initiated under Section 29 of the Arbitration Act, coupled with the fact that prayer has been made for extension of time granted by this Court while exercising power under Section 29 of the Arbitration Act, this Court deems it fit to grant two months’ time to the learned Arbitrator to conclude the arbitration proceedings. Ordered accordingly. 3. Learned counsel for the parties undertake to cause presence of their respective clients before the learned Arbitrator, on 25.07.2025, enabling him to do the needful well within the stipulated period. The application is disposed of. (Tarlok Singh Chauhan) Judge July 18, 2025 (yogesh/pankaj)