National Highway Authority Of India vs Nand Lal & Ors
2024 Latest Caselaw 14754 HP

Himachal Pradesh High Court

National Highway Authority Of India vs Nand Lal & Ors on 1 October, 2024

                                 Neutral Citation No. ( 2024:HHC:9463 )
        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                            Arbitration Appeal No. 26 of 2024
                            Date of Decision: 01.10.2024

      National Highway Authority of India                             ...Petitioner.

                                           Versus
       Nand Lal & Ors.                                              ..Respondents.

        Coram
        Hon'ble Mr. Justice Bipin Chander Negi, Judge.
        Whether approved for reporting?1

        For the appellant:                         Mr. K.D Shreedhar, Senior Advocate
                                                   with Ms. Sneh Bhimta, Advocate.

        For respondents             Mr. Suneet Verma, Advocate vice
                                    Mr. Varun Rana, Advocate.
    4._________________________________________________________
       Bipin Chander Negi, Judge (oral)

The present appeal has been filed against order dated

19.4.2023, passed by the learned District Judge,Mandi, District Mandi

in Arbitration Case No. 72 of 2023, titled as NHAI versus Nand Lal &

Ors, whereby an application seeking condonation of delay beyond 120

days in preferring objection under Section 34 of the Act has been

dismissed.

2. Brief facts of the case are that the award in the case at

hand was received on 08.09.2022. The period of three months

thereafter expired on 07.12.2022 and thereafter 30 days expired on

06.01.2023. The application under Section 34 of the Act was

preferred with an application for condonation of delay and the same

was filed on 20.02.2023.

Whether reporters of Local Papers may be allowed to see the judgment?

3. 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 (2019)2

SCC 455.

4. Admittedly, in the case at hand, 120 days expired on

06.01.2023. The petition under Section 34 of the Act along with an

application for condonation of delay was filed on 22.02.2023 i.e after

45 days.

5. There was a delay of about 45 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.

6. In view of above, there is no merit in this appeal. The

same is accordingly dismissed alongwith pending miscellaneous

application(s), if any.

(Bipin Chander Negi) Judge

October 01, 2024 (veena)