Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No.4 of 2025
Decided on: 10th January, 2025 ------------------------------------------------------------------------------------- Manohar Singh 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. G.R. Palsra, Advocate.
For the Respondents: Ms. Shreya Chauhan, Advocate, for respondent No.1.
Mr. Amandeep Sharma, Additional Advocate General, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Ms. Shreya Chauhan, learned counsel and Mr. Amandeep Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1 and 2, respectively.
2.
It is not in dispute that a Reference Petition, bearing No.22 of 2022, preferred by the petitioners under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2 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’), 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.
3.
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.
4.
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 20.01.2025. All
3 rights and contentions of the parties are left open to be adjudicated by the learned Arbitrator.
The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua January 10, 2025
Judge Mukesh