Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arbitration Appeal No.134 of 2024
Decided on: 25th February, 2025 ------------------------------------------------------------------------------------- National Highways Authority of India
…..Appellant
Versus
Jagdish
.....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Appellant: Mr. Sumeet Raj Sharma, Advocate.
For the Respondent: Mr. Amit Singh Chandel, 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.46 of 2018 (National Highways Authority of India Versus Jagdish), 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.243/2014 was affirmed.
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
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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.72 of 2024 [National Highways Authority of India Versus Baldev (Deceased) through his LRs], which are pending consideration. It has also been apprised that in the instant appeal, the amount involved is only Rs.10,640/-, 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, therefore, it is not considered desirable to examine the questions of law raised in this appeal. Merely on that basis, the present arbitration appeal is disposed of, leaving all questions of law open and to be
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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 February 25, 2025
Judge Mukesh