Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No.920 of 2024
Decided on: 21st March, 2025 ------------------------------------------------------------------------------------- Bahadur Singh
…..Petitioner
Versus
National Highway Authority of India and another
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Tamanna Sharma, Advocate vice
Mr. Arush Matlotia, Advocate.
For the Respondents: Ms. Shreya Chauhan and Ms. Sneh Bhimta, Advocates, for respondent No.1.
Ms. Leena Guleria, Deputy Advocate General, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
It is not in dispute that a Reference Petition, bearing No.258 of 2022, preferred by the petitioner under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Kangra at Dharamshala, Himachal Pradesh. The period of 12 months in terms of Section 29A(1) of the Arbitration & Conciliation Act, 1996
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2 (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 petitioner has 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 on
28.03.2025. 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 March 21, 2025
Judge Mukesh