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2025 DAILYLAW 35946 (HP)

NHAI v. TRIPTA CHANDEL

ARB.A/153/2024 · 2025-10-30

Bipin Chander Negi

body2025

Judgment text

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2025:HHC:36142 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arbitration Appeal No. 153 of 2024 Decided on: 30.10.2025 ____________________________________________________ NHAI ……….. Appellant Versus Tripta Chandel ……….Respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the appellant : Ms. Shreya Chauhan, Advocate. For the respondent : Mr. Yuyutsu Singh Thakur, Advocate. ____________________________________________________ Bipin Chander Negi, Judge ( oral) By way of the present appeal preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter for the purpose of brevity referred to as the ‘Act’), a challenge has been laid to the judgment dated 04.09.2023 passed by the learned District Judge, Bilaspur, in Arbitration Petition No. 75 of 2018, titled as National Highways Authority of India vs. Tripta Chandel. 2. A common award was passed by the learned Arbitrator-cum-Divisional Commissioner, Mandi, Division Mandi, vide case No. 28 of 2014, dated 05.09.2017. The award so passed pertained to the revenue estate of Palthin, Tehsil 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 Ghumarwin. The land in the case at hand had been acquired for expansion of National Highway 21 (four-laning). The main petition decided by the Arbitrator in the case at hand was petition bearing No. 28 of 2014. Besides the main petition, there were 37 other petitions related to the said revenue estate. They all came to be tagged and consolidated, vide order dated 30.03.2016 passed by the learned Arbitrator. 3. Feeling aggrieved by the award so passed, application under Section 34 of the Act for setting aside the common award dated 05.09.2017 was assailed by filing 32 applications. The 32 applications filed under Section 34 of the Act before the District Judge, Bilaspur were decided by a common judgment dated 04.09.2023. The present appeal arises out of dismissal of one of the applications filed under Section 34 of the Act and the appeal wherefrom the present case arises, finds mention at Serial No. 23 of the cause title of the judgment passed by the learned District Judge, Bilaspur. 4. In the aforesaid backdrop, learned counsel appearing on behalf of the appellant has drawn the attention of this Court to judgment passed by a Co-ordinate Bench in Arbitration Appeal No. 135 of 2024 along with connected matters decided on 08.10.2025. The aforesaid arbitration appeals (five in number) had laid a challenge to the impugned judgment dated 04.09.2023 3 passed by the learned District Judge, Bilaspur, which is also a subject matter of the present appeal. Since the appeal preferred in arbitration appeal No. 135 of 2024 along with connected matters have been disposed of on 08.10.2025, hence for reasons alike, the petition also needs to be disposed of in the same terms. Ordered accordingly. 5. Pending application(s), if any, also stands disposed of. (Bipin Chander Negi) Judge October 30th, 2025 Susheel