Krishan Kumar & Anr vs Nhai & Anr
2023 Latest Caselaw 17939 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA


                                     Arb. Case No. 854 of 2023




                                                                           .
                                     Decided on : 10.11.2023





    Krishan Kumar & Anr.                                      ....Petitioners

                                             Versus





    NHAI & Anr.                                          .... Respondents_________

    Coram





    Hon'ble Mr. Justice Sushil Kukreja, Judge.
    Whether approved for reporting?1                                                _________
    For the petitioners              :       Mr. Anil Chauhan, Advocate.


    For the Respondents               :      Mr. K.D. Shreedhar, Senior Advocate,
                                             with Ms. Shreya Chauhan, Advocate,
                                             for respondent No. 1/NHAI.

                                             Mr. B.N. Sharma, Additional


                                             Advocate General, for respondent No.
                                             2.




    Sushil Kukreja, Judge (Oral)

Notice. Ms. Shreya Chauhan, Advocate and Mr.

B.N. Sharma, learned Additional Advocate General, appear

and waive service of notice on behalf of respondents No. 1 and

2, respectively.

2. No reply to the petition is intended to be filed on

behalf of the respondents.

Whether reporters of the local papers may be allowed to see the judgment?

3. In the instant petition, a prayer has been made by

the petitioners to extend the time for completion of the

.

arbitral proceedings pending before the Divisional

Commissioner, Shimla, District Shimla, exercising the powers

of Arbitrator under Section 3 of the National Highways Act,

1956.

4. Learned counsel for the parties have submitted

that the issue in question is squarely covered by the judgment

rendered by a coordinate Bench of this Court in Arbitration

Case No. 126 of 2022 alongwith connected therewith matters,

titled Sh. Ram Chand Vs. Land Acquisition Officer &

Another and the instant petition may be disposed of by

directing the learned Arbitrator to conclude the arbitral

proceedings in terms of the said judgment.

5. Accordingly, in view of the aforesaid decision

rendered by this Court, the instant petition is allowed and the

Divisional Commissioner, Shimla, District Shimla, exercising

the powers of Arbitrator under Section 3 of the National

Highways Act, 1956 is directed to conclude the arbitral

proceedings in Arbitration Case No. 353/2018, on or before

09.05.2024.

Petition stands disposed of, so also the pending

miscellaneous applications, if any.

.

                                                (Sushil Kukreja)
                                                     Judge
    November 10, 2023





       (raman)




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