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2025 DAILYLAW 19834 (HP)

SUSHEELA v. COLLECTOR LAND ACQUISITION NHAI AND OTHERS

OMP/982/2025 · 2025-07-14

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Susheela vs. Collector Land Acquisition and others OMP No. 982 of 2025 in Arb. Case No.514 of 2023 14.07.2025 Present Ms. Sakshi Thakur, proxy counsel vice Mr. Maan Singh, Advocate, for the applicant/ petitioner. Ms. Sana Rana, proxy counsel vice Mr. Sneh Bhimta, Advocate, for respondent-NHAI. Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents/State. 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 12.7.2023, passed by this Court in the Arbitration Case No. 514 of 2023, whereby direction was issued to the learned Arbitrator to conclude the arbitration proceedings within six months from the date parties appear before him i.e. 17.07.2023. It appears that on account of some miscommunication, parties failed to put in appearance before the learned Arbitrator on the given date, and as such, Arbitrator has not been able to do the needful well within time. Though this Court finds merit in the submissions of Ms. Sana Rana, learned proxy counsel vice Ms. Sneh Bhimta, Advocate, that present application ought to have been filed under Section 29-A 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. Learned counsel for the parties undertake to cause presence of their respective clients before the learned Arbitrator, on 25.07.2024, enabling him to do the needful well within the stipulated period. The application is disposed of. (Sandeep Sharma) Judge July 14, 2025 (shankar)