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High Court of Himachal Pradesh · body

2025 DAILYLAW 5793 (HP)

VIMLA DEVI v. NHAI New Shimla

ARB.C/262/2025 · 2025-08-19

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb.Case No.262 of 2025 Decided on: 19.08.2025 _________________________________________________________________ Vimla Devi ....Petitioner Versus NHAI & Anr …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Shweta Sharma, Advocate. For the respondents: Ms. Shreya Chauhan, Advocate, for respondent No.1. Ms. Ayushi Negi, Deputy Advocate General, for respondent No.2. Jyotsna Rewal Dua, Judge OMP No. 1125 of 2025 For the reasons stated in the application, the same is allowed. Delay in re-filing the Arbitration Case is condoned. Application to stand disposed of. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - Arb.Case No.262 of 2025 2. Notice. Ms. Shreya Chauhan, learned Counsel and Ms. Ayushi Negi, learned Deputy Advocate General, accept service of notice on behalf of respondent No.1 and respondent No. 2, respectively. 3. It is not in dispute that a Reference Petition bearing No.489 of 2018 preferred by the petitioner under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Shimla camp at Solan. The period of 12 months in terms of Section 29A(1) of the Arbitration & Conciliation Act, 1996 (in short ‘the Act’), available to the learned Arbitrator for passing the award stands elapsed. The period specified under Section 29A(3) of the Act is also over, hence, the learned Arbitrator has closed the proceedings in view of termination of his mandate. In these circumstances, the petitioners have prayed for extending the time for pronouncing the award by six months. 4. I have heard learned counsel on both sides and considered the case file. It has been informed that in similar matters, taking recourse to Section 29A(4) of the Act, the - 3 - Courts have extended the period for passing the award by six months. 5. The petitioner has made out a case for extending the period for deciding the arbitration proceedings by six months. Ordered accordingly. 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 on 06.09.2025. 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 August 19, 2025 R.Atal