Rajinder Singh Chandel & Anr vs Nhai
2024 Latest Caselaw 13756 HP

Himachal Pradesh High Court

Rajinder Singh Chandel & Anr vs Nhai on 12 September, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Arb.Case No.781 of 2024 Decided on: 12.09.2024 _________________________________________________________________

.

    Rajinder Singh Chandel & Anr.                                            ....Petitioners





                                      Versus





    NHAI.                                                                  ...Respondent

__________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua,

Whether approved for reporting?

_________________________________________________________________ For the petitionersr : Mr. V.S. Bhatia, Advocate.

For the respondents : Ms. Shreya Chauhan, Advocate.

Jyotsna Rewal Dua, Judge

Notice. Ms. Shreya Chauhan, Advocate, appear

and waive service of notice on behalf of the respondent.

2. It is not in dispute that a Reference Petition

bearing Case No.85/2015 preferred by the petitioners under

Section 3G of the National Highways Act is pending

adjudication before the learned Arbitrator, i.e. the Divisional

Commissioner, Shimla, Himachal Pradesh. The period of 12

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

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

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

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 petitioners have 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 petitioners have 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 20.09.2024. 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 12th, 2024





           (Pardeep)




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