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High Court of Himachal Pradesh · body

2025 DAILYLAW 6045 (HP)

BIMLA DEVI v. NHAI AND ANR

ARB.C/481/2024 · 2025-07-01

Satyen Vaidya

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No. 481 of 2024 Date of decision : 01.07.2025. Bimla Devi ...Petitioner. Versus National Highway Authority of India & another ...Respondents Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioner : Ms. Madhurika Sekhon Verma, Advocate. For the respondents : Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate. Satyen Vaidya, Judge (Oral) OMP No. 893 of 2025 The application is not opposed. Allowed. The facts are taken on record. The application stands disposed of. Arb. Case NO. 481 of 2024 By way of this application, a prayer has been made to extend the period of mandate of Arbitrator in Arbitration Case No. 177 of 2019. 2. It is averred that the respondents had got the matter adjourned before the Arbitrator many times for filing reply. It is also averred that due to Covid-19 pandemic the proceedings 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- could not be effectively undertaken by the Arbitrator for considerable period of time. The Arbitrator ultimately vide order dated 26.12.2022 kept the proceedings in abeyance on the ground that his mandate had expired in terms of the provisions of Arbitration and Conciliation Act, 1996. 3. Reply has been filed on behalf of respondent No.1. Factual aspect could be denied by the respondents. Evidently, a lot of time elapsed and was wasted due to the condition prevalent consequent to Covid-19 Pandemic. It also appears that due to said reason a huge pendency of arbitration cases got accumulated before the Arbitrator. In such circumstances, none of the parties or Arbitrator can be faulted for the delay caused in final adjudication of the matter. 4. Petitioner has sufficiently explained the delay in filing the instant application. 5. Keeping in view the peculiar facts and circumstances of the case, the instant petition is allowed and the mandate of the 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 considerably, it will be open for NHAI to agitate its rights in respect of payment of interest during the pendency of -3- arbitral proceedings before the Arbitrator. Petition stands disposed of accordingly. (Satyen Vaidya) 1st July, 2025 Judge (kck)