Gurmail Singh vs Uoi & Ors
2023 Latest Caselaw 18095 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                  Arb. Case No. 886 of 2023
                                  Decided on: 17.11.2023




                                                               .

Gurmail Singh                                 ....Petitioner





                         Versus

UOI & Ors.                           .... Respondents
_________________________________________________________




Coram
Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?
For the petitioner:
                     r            Mr. Sudhir Thakur, Senior Advocate with

                                  Mr. Karun Negi, Advocate.
For the Respondents:              Mr. V.B. Verma, Central Government
                                  Standing Counsel, for respondent No.
                                  1/UOI.



                                  Mr. K.D. Shreedhar, Senior Advocate, with
                                  Ms. Shreya Chauhan and Ms. Sneh
                                  Bhimta, Advocates, for respondents No. 2




                                  & 3/NHAI.
                                  Mr. Anup Rattan, Advocate General with





                                  Mr. B.N. Sharma, Additional Advocate
                                  General, for respondent No. 4/State.





Sushil Kukreja, Judge (Oral)

Notice. Mr. V.B. Verma, learned Central Government

Standing Counsel, 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 to 4, respectively.

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

the respondents.

.

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.

237 of 2018, on or before 16.05.2024.

Petition stands disposed of, so also the pending

miscellaneous applications, if any.

.

                                                    (Sushil Kukreja)





                                                        Judge
November 173, 2023
    (raman)





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