Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Arb.Case No.260 of 2025
Decided on: 19.08.2025 _________________________________________________________________
Chander Mohan Sharma
....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. 1116 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
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Arb.Case No.260 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.490 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