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High Court of Himachal Pradesh · body

2025 DAILYLAW 31535 (HP)

TEK CHAND v. NHAI AND ANOTHER

ARB.C/130/2025 · 2025-10-13

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No.130 of 2025 Decided on: 13.10.2025 _________________________________________________________________ Tek Chand ….Petitioner Versus NHAI & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua, Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Priyanka, Advocate, vice counsel. For the respondents: Ms. Shreya Chauhan, Advocate, for respondent No.1. Mr. S.D.Vasudeva, Deputy Advocate General, for respondent No.2. Jyotsna Rewal Dua, Judge The mandate of learned Arbitrator lapsed on 27.12.2022. This petition has been moved for extending the mandate of the learned Arbitrator for concluding the arbitral proceedings. 2. Learned counsel for the petitioner has placed reliance upon Hari Singh Saini and Anr. Vs. Land - 2 - Acquisition Officer and Anr.1, Pradeep Kuamr & Ors Vs. Land Acquisition Officer & Anr.2 and Goverdhan and others Vs. LAO and another3 in support of his prayer for extending the mandate of learned Arbitrator. 3. Learned counsel for the parties are ad-idem that in all such arbitration matters, where mandate of learned Arbitrator had expired on 27.12.2022, the same has been extended under orders passed in the aforesaid different arbitration cases. Learned counsel for the petitioner has also placed reliance upon the law summed up in Prem Laxmi and Company Vs. Himachal Pradesh State Electricity Board Ltd.4 for extending the mandate of learned Arbitrator. 4. In view of orders already passed in Hari Singh Saini1, Pradeep Kuamr2, Goverdhan3 and Prem Laxmi4, this petition is allowed. 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 i.e. the Divisional Commissioner, Mandi, Himachal Pradesh, 1 Arb.Case No.126 of 2025, decided on 27.06.2025 2 Arb.Case No.188 of 2025, decided on 11.07.2025 3 Arb.Case No.142 of 2025, decided on 23.07.2025. 4 Arb.Case No. 877 of 2024, decided on 03.07.2025 - 3 - on 16.10.2025. 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 Judge October 13, 2025 Rohit