Himachal Pradesh High Court
National Highways Authority Of India vs Jagdish on 25 February, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arbitration Appeal No.134 of 2024
Decided on: 25th February, 2025
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National Highways Authority of India .....Appellant
Versus
Jagdish .....Respondent
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting? 1
For the Appellant: Mr. Sumeet Raj Sharma, Advocate.
For the Respondent: Mr. Amit Singh Chandel, Advocate.
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Jyotsna Rewal Dua, Judge
Challenge in this arbitration appeal filed under
Section 37 of the Arbitration and Conciliation Act, 1996 (in
short 'the Act') is to the judgment dated 03.09.2022 passed
by the learned District Judge, Bilaspur in Case No.46 of
2018 (National Highways Authority of India Versus
Jagdish), whereby appellant's application under Section 34
of the Act was dismissed and the award passed by the
learned Arbitrator on 05.09.2017 in Petition No.243/2014
was affirmed.
Whether reporters of print and electronic media may be allowed to see the order? Yes.
2. It is seen from the record that the learned
Arbitrator had disposed of several claims under common
award dated 05.09.2017, which gave rise to several
applications filed by the appellant under Section 34 of the
Act before the learned District Judge, Bilaspur. All those
applications were dismissed vide common judgment dated
03.09.2022. Present is one such appeal arising out of the
common judgment.
3. Learned counsel for the appellant apprises that
the appellant has preferred several appeals in different
cases arising out of the common judgment dated
03.09.2022 passed by the learned District Judge, Bilaspur
including Arbitration Appeal No.72 of 2024 [National
Highways Authority of India Versus Baldev (Deceased)
through his LRs], which are pending consideration. It has
also been apprised that in the instant appeal, the amount
involved is only Rs.10,640/-, which stands deposited by the
appellant in the Registry of this Court.
4. Taking note of the fact that the amount involved
in this appeal is very meager, therefore, it is not considered
desirable to examine the questions of law raised in this
appeal. Merely on that basis, the present arbitration appeal
is disposed of, leaving all questions of law open and to be
considered & examined in other appeals filed by the
appellant arising out of the common judgment dated
03.09.2022 passed by the learned District Judge, Bilaspur.
It is made clear that disposal of this appeal on the ground
of meager amount involved will not impact in any manner
the consideration and decision of other appeals on the
questions of law involved therein.
The present appeal stands disposed of in the
above terms, so also the pending miscellaneous
application(s), if any.
Jyotsna Rewal Dua
February 25, 2025 Judge
Mukesh
