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2025 DAILYLAW 30725 (HP)

ARJUN AGGARWAL AND ANOTHER v. COMPETENT AUTHORITY -cum- LAND ACQUISITION AUTHORITY SOLAN AND OTHERS

ARB.C/200/2025 · 2025-07-16

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No.200 of 2025 Date of decision: 16.07.2025 Arjun Aggarwal & Anr. ...Petitioners. Versus Competent Authority-cum-Land Acquisition Authority & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjay Bhardwaj, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No.1 & 3-State. : Ms. Shreya Chauhan, Advocate, for respondent No.2. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General and Ms. Shreya Chauhan, Advocate, accept notice on behalf of respondent No.1 & 3 and respondent No.2, respectively. 2. It is not in dispute that a Arbitration Case bearing No.66/2016 preferred by the petitioner under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Shimla, camp at Solan, Himachal Pradesh. The period of 12 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 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 petitioner has 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 22.07.2025. All 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 16th July, 2025 Judge (Pardeep)