Himachal Pradesh High Court
National Highway Authority Of India vs Indru @ Inder Singh on 5 July, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Appeal No.35 of 2023
Decided on: 5th July, 2024
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National Highway Authority of India .....Appellant
.
Versus
Indru @ Inder Singh .....Respondent
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?
For the Appellant: Ms. Shreya Chauhan, Advocate.
For the Respondent: Nemo.
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Jyotsna Rewal Dua, Judge
Vide order dated 22.12.2023, notice was ordered
to be issued to the respondent and the execution of the
impugned judgment dated 19.04.2023 passed by the
learned District Judge, Mandi in Arbitration Petition No.71
of 2023 (NHAI Versus Indru @ Inder Singh), whereby the
award dated 09.02.2022 passed by the learned Divisional
Commissioner, Mandi, had been upheld, was stayed subject
to deposit of the entire awarded amount alongwith upto
date interest.
Learned counsel for the appellant submits that
the aforesaid order has been complied with and the entire
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Whether reporters of print and electronic media may be allowed to see the order? Yes.
awarded amount has been deposited. Learned counsel
further submits that steps for issuing notice to the
respondent have not been taken as yet. Be that as it may.
2. In view of the settled legal position, there is no
.
necessity for issuance of notice to the respondent.
3. A perusal of the impugned decision dated
19.04.2023 reveals that in terms of the said decision, the
application moved by the present applicant under Section 5
of the Limitation Act for condoning the delay in filing the
application under Section 34 of the Act, was dismissed on
the ground that the delay beyond 120 days cannot be
condoned.
It is well settled that Section 5 of the Limitation
Act has no application to an application challenging an
arbitral award under Section 34 of the Act. Under Section
34(3) of the Act, an application for setting aside the award
on the grounds mentioned in Section 34(2) of the Act can be
made within three months and the period can only be
extended for a further period of thirty days on showing
sufficient cause and not thereafter. The use of the words
"but not thereafter" in the proviso to Section 34 makes it
clear that extension cannot be beyond thirty days (Ref.:
Simplex Infrastructure Limited Versus Union of India 1).
In the instant case, there was a delay of 134
days in moving the application under Section 34 of the Act
.
by the present applicant. Learned District Judge, therefore,
did not err in holding that a delay beyond 120 days in
moving the application under Section 34 of the Act could
not be condoned.
4. In view of above, there is no merit in this appeal.
The same is accordingly dismissed alongwith pending
miscellaneous application(s), if any.
Jyotsna Rewal Dua
July 05, 2024 Judge
Mukesh
(2019) 2 SCC 455
