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2025 DAILYLAW 7461 (HP)

NHAI v. BALDEV (DECEASED THROUGH LRs TULSI DEVI AND OTHERS)

ARB.A/72/2024 · 2025-06-06

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Appeal No.72 of 2024 Decided on: 6th June, 2025 ------------------------------------------------------------------------------------- National Highways Authority of India …..Appellant Versus Baldev (through LRs) & Anr. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Appellant: Mr. Sumeet Raj Sharma, Advocate. For the Respondent: Ms. Suchitra Sen, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Challenge in this arbitration appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short ‘the Act’) is to the judgment dated 03.09.2022 passed by the learned District Judge, Bilaspur in Case No.49 of 2018 (National Highways Authority of India Versus Baldev (through LRs) and Anr.), whereby appellant’s application under Section 34 of the Act was dismissed and the award passed by the learned Arbitrator on 05.09.2017 in Petition No.69/2014 was affirmed. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. -2- 2. It is seen from the record that the learned Arbitrator had disposed of several claims under common award dated 05.09.2017, which gave rise to several applications filed by the appellant under Section 34 of the Act before the learned District Judge, Bilaspur. All those applications were dismissed vide common judgment dated 03.09.2022. Present is one such appeal arising out of the common judgment. 3. Learned counsel for the appellant apprises that the appellant has preferred several appeals in different cases arising out of the common judgment dated 03.09.2022 passed by the learned District Judge, Bilaspur including Arbitration Appeal No.105 of 2024 (National Highways Authority of India versus Ananta (through LRs) & Ors.), which are pending consideration. It has also been apprised that in the instant appeal, the amount involved is only Rs.2,18,536/-, which stands deposited by the appellant in the Registry of this Court. 4. Taking note of the fact that the amount involved in this appeal is very meager viz-a-viz. number of shareholder, therefore, it is not considered desirable to examine the questions of law raised in this appeal. Merely -3- on that basis, the present arbitration appeal is disposed of, leaving all questions of law open and to be considered & examined in other appeals filed by the appellant arising out of the common judgment dated 03.09.2022 passed by the learned District Judge, Bilaspur. It is made clear that disposal of this appeal on the ground of meager amount involved will not impact in any manner the consideration and decision of other appeals on the questions of law involved therein. The present appeal stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 6th June, 2025 Judge Pardeep