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2025 DAILYLAW 33748 (HP)

DESH RAJ THAKUR v. HP BUS STAND MANAGEMENT AND DEVELOPMENT AUTHORITY AND ANR

ARB.C/283/2025 · 2025-10-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No. 283/2025 Decided on: 07.10.2025 Desh Raj Thakur …..Petitioner. Versus H.P. Bus Stand Management & Development Authority & Anr. ....Respondents .……………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vishwas Kaushal, Advocate vice Mr. Vivek Negi, Advocate. For the respondents : Mr. Hitesh Kumar, Advocate, vice Mr. Balwinder Singh, Advocate. Jyotsna Rewal Dua , J This application has been moved under Section 29-A of the Arbitration and Conciliation Act (the Act in short) 1996 for extension of time to complete the arbitral proceedings. 2. The case set up by the petitioner is that he was awarded the work of construction of the New Bus Stand at Paonta Sahib, District Sirmour, H.P. including W/S & S/I (C/o Rain Harvesting Tank and Providing Interlocking Cement Conc. Pavers etc.). Certain disputes, arose between the parties in relation to the 1 Whether reporters of the local papers may be allowed to see the judgment? yes execution of the aforesaid work, which led to appointment of Sh. Naresh Kumar Sood, learned Senior Advocate as Sole Arbitrator in Arbitration Cases No.238 & 239 of 2023. Though, Arbitration Case No. 238/2023 stands concluded and the award therein was passed on 04.06.2025, however, arguments could not be concluded in Arbitration Case No. 239 of 2023. Keeping in view the fact that the mandate of learned Arbitrator was to expire on 05.06.2025, learned Arbitrator, accordingly, passed an order in this regard on 27.05.2025. It is in the above context that this application has been moved seeking extension by six months in the mandate of learned Arbitrator. 3. Learned counsel for the respondents, under instructions, submits that the respondents have no objection for extending the mandate of the learned Arbitrator in view of the facts & circumstances of the case. 4. In view of above & considering the totality of facts & circumstances, it would be in the interest of justice to extend the time for completion of arbitral proceedings by six months. Accordingly, the application is allowed. By exercising the power under Section 29A of the Arbitration and Conciliation Act, the mandate of learned Arbitrator in deciding the petition under reference is extended by six months from 05.06.2025. Learned counsel for the parties to apprise the learned Arbitrator about passing of this order. Parties through their learned counsel are also directed to appear before the learned Arbitrator on 09.10.2025. The petition stands disposed of in the above terms. Pending miscellaneous application, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 07th October, 2025 (rohit)