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High Court of Himachal Pradesh · body

2025 DAILYLAW 22764 (HP)

KRISHANA DEVI AND OTHERS v. NHAI AND ANOTHER

ARB.C/119/2025 · 2025-09-10

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.119 of 2025 Decided on: 10th September, 2025 ------------------------------------------------------------------------------------- Krishana Devi and others …..Petitioners Versus National Highway Authority of India and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Nitish Kaith, Advocate. For the Respondents: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate, for respondent No.1. Mr. L.N. Sharma, Additional Advocate General, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge It is not in dispute that a Reference Petition, bearing No.NH-70 (76/22), preferred by the petitioners under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Mandi, Himachal Pradesh. The period of 12 months in terms of Section 29A(1) of the Arbitration & Conciliation Act, 1996 (in short ‘the Act’), 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 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 petitioners have 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 29.09.2025. All rights and contentions of the parties are left open to be adjudicated by the learned Arbitrator. 3 The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua September 10, 2025 Judge Mukesh