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2025 DAILYLAW 37796 (PNJ)

NATIONAL HIGHWAYS AUTHORITY OF INDIA v. JASBIR KAUR AND OTHERS

CR/1922/2025 · 2025-09-19

Jasgurpreet Singh Puri

body2025

Judgment text

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CR-1922-2025 -1- 111 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CR-1922-2025 Date of Decision: 19.09.2025 National Highways Authority of India .... Petitioner Versus Jasbir Kaur and others ..... Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Arkash Mani Garg, Advocate for Mr. K.S. Kang, Advocate for the petitioner. **** JASGURPREET SINGH PURI , J. (ORAL) 1. The present petition has been filed under Article 227 of the Constitution of India seeking issuance of direction to the Court of Additional District Judge, Patiala to expedite the hearing of the application under Section 36(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) in the objection petition under Section 34 of the Act filed by the petitioner-NHAI titled as “Union of India Vs. Jasbir Kaur and others”, ARB/265/2019, pending adjudication before the learned Additional District Judge, Patiala. 2. On the last date of hearing i.e. on 12.08.2025, the following order was passed:- “Learned counsel appearing on behalf of the petitioner submitted that an application under Section 36(2) of the Arbitration and Conciliation Act, 1996 as well as objection petition under Section 34 of the Arbitration and Conciliation Act, 1996 is pending before the learned Additional District Judge since long time but even the application for stay has not been adjudicated BHUMIKA BHATI 2025.09.22 18:24 I attest to the accuracy and integrity of this document chandigarh CR-1922-2025 -2- upon. He submitted that his limited prayer is for seeking issuance of a direction to the concerned Court to decide the same expeditiously. Before proceeding further, let a status report be called from the concerned Additional District Judge, Jalandhar with regard to the status of the case. Adjourned to 19.09.2025. A copy of this order be placed on the file of another connected case” 3. In pursuance of the aforesaid order, a status report has been received from the Additional District and Sessions Judge, Patiala, wherein it has been so stated that the petition under Section 34 of the Act is now adjourned to 08.10.2025 and the application under Section 36(2) of the Act has never been pressed by learned counsel for the parties. 4. Learned counsel appearing on behalf of the petitioner has submitted that his only limited prayer is that the application filed by the petitioner-NHAI under Section 36(2) of the Act be considered and decided in accordance with law within a fixed time-framework. 5. Considering the aforesaid limited prayer made by learned counsel for the petitioner, this Court is of the view that even without issuing notice to the respondents, it will be just and proper to direct the learned Court where the application under Section 36(2) of the Act, if any, is pending to make an endeavour to decide the same as expeditiously as possible. 6. Disposed of. 19.09.2025 (JASGURPREET SINGH PURI) Bhumika JUDGE 1. Whether speaking/reasoned: Yes/No 2. Whether reportable: Yes/No BHUMIKA BHATI 2025.09.22 18:24 I attest to the accuracy and integrity of this document chandigarh