Mayadhar Sharma (Deceased) Through Lrs vs Nhai & Anr
2024 Latest Caselaw 13549 HP

Himachal Pradesh High Court

Mayadhar Sharma (Deceased) Through Lrs vs Nhai & Anr on 10 September, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Arb.Case No.774 of 2024 Decided on: 10th September, 2024.

_________________________________________________________________

.

Mayadhar Sharma (deceased) through LRs

....Petitioners

Versus

NHAI & Anr.

...Respondents _________________________________________________________________ Coram

Ms. Justice Jyotsna Rewal Dua,

1 Whether approved for reporting?

_________________________________________________________________

For the petitioners: Mr. Varun Rana, Advocate.

For the respondents: Ms. Sneh Bhimta, Advocate, for respondent No.1.

Mr. L.N.Sharma, Additional Advocate General for respondent No.2.

Jyotsna Rewal Dua, Judge

It is not in dispute that a Reference Petition

bearing No.78/2019 preferred by the petitioner under Section

3G of the National Highways Act is pending adjudication

before the learned Arbitrator, i.e. the Divisional

Commissioner, Mandi, Himachal Pradesh. The period of 12

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

months in terms of Section 29A(1) of the Arbitration &

Conciliation Act, 1996 (in short 'the Act'), available to the

learned Arbitrator for passing the award stands elapsed. The

.

period specified under Section 29A(3) of the Act is also over,

hence, the learned Arbitrator has closed the proceedings in

view of termination of his mandate. In these circumstances,

the petitioner has prayed for extending the time for

pronouncing the award by six months.

3. I have heard learned counsel on both sides and

considered the case file. It has been informed that in similar

matters, taking recourse to Section 29A(4) of the Act, the

Courts have extended the period for passing the award by six

months.

4. The petitioner has made out a case for extending

the period for deciding the arbitration proceedings by six

months. Ordered accordingly. The mandate of learned

Arbitrator in deciding the petition under reference is extended

by six months from today. The parties, through their learned

counsel, are directed to appear before the learned Arbitrator

on 11.09.2024. All rights and contentions of the parties are

left open to be adjudicated by the learned Arbitrator.

The petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if

.

any.

                                               Jyotsna Rewal Dua
                                                     Judge
    September 10, 2024
       R.Atal




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