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High Court of Himachal Pradesh · body

2025 DAILYLAW 34709 (HP)

LOK RAJ SAINI v. NHAI AND ANR

ARB.C/328/2025 · 2025-12-02

Satyen Vaidya

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.328 of 2025 Decided on: 02.12.2025 Lok Raj Saini ...Petitioner Versus National Highway Authority of India & another ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Vivek Negi, Advocate. For the respondents: Ms. Shreya Chauhan, Advocate, for respondent No.1. Mr. P.K. Nadda, Addl. A.G., for respondent No.2. Satyen Vaidya, Judge (oral) By way of this application, a prayer has been made to extend the period of mandate of Arbitrator in Arbitration Case No. 14 of 2023. 2. It is averred in the petition that at the time of final arguments before the Arbitrator, it had transpired that the mandate of the Arbitrator had already expired on 13.06.2025. It has further been stated that no prejudice will be caused to the respondents in case the time is extended as proceedings before the Arbitrator are at final stage. 2 3. Reply has been filed by respondent No.1. The objection has been raised to the prayer made in the application on the ground that the extension of time will put respondent No.1 in financial burden as it will be liable to pay interest to the petitioner for no fault on its part. 4. Keeping in view the peculiar facts and circumstances of the case, where the mandate of the Arbitrator has terminated recently and the proceedings are at final stages, it will be in the interest of justice to grant the prayer made in the application. 5. Accordingly, the petition is allowed. The mandate of learned Arbitrator to conclude the proceedings is extended by six months from the date of passing of this order. Since, the proceedings in the arbitration have been delayed, it will be open to respondent No.1-NHAI to agitate its right in respect of payment of interest during the pendency of arbitral proceedings before the Arbitrator. Petition stands disposed of accordingly. (Satyen Vaidya ) Judge 2nd December, 2025 (vt)