Chandra Agarwal vs Competent
2023 Latest Caselaw 1994 UK

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                                     WPMS No.2126 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Raunak Pant, Advocate, holding brief of Mr. Naresh Pant, Advocate, for the petitioner.

Mr. Devesh Ghildiyal, Brief Holder, for the State of Uttarakhand.

The challenge by the present petitioner in the instant writ petition is to the impugned order dated 28.04.2023, as it was passed by the court of District Judge, Udham Singh Nagar, in Arbitration Case No.94 of 2022, "Mahesh Chandra Agarwal Vs. Competent Authority/Special Land Acquisition, Udham Singh Nagar and others", being the proceedings drawn under section 34 of the Arbitration and Conciliation Act, by virtue of the order impugned, the period of limitation as prescribed under section 34 of the Act, for initiation of the proceedings, since it is alleged to have expired, he contends that the benefit of the limitation by virtue of an order dated 28.04.2023, could not have been given to the petitioner to the proceedings under section 34 of the Act.

The facts are that (1) on 11.11.2020, the award was issued by the Arbitrator under section 3G(5) of the National Highways Authority Act. It is contended that the restrictions were imposed due to Covid 19 situation by the notification issued by the Government of India with effect from 30.11.2020.

It is contended by the learned counsel for the petitioner that since the restrictions imposed by the Government of India with effect from 30.03.2020, stood lifted by the Notification No.738/USDMA/792 (020-2020), dated 30.11.2021. He contends that in view of the clause 10 since normal functioning of all the public institutions stood revived, the limitation would be read with effect from 30.11.2021, and the respondents were not entitled to be extended with the benefit of the limitation on the basis of the judgment of the Hon'ble Apex Court, as rendered in Suo Motu Writ Petition (C) No.03 of 2020.

It is further contended that since the aforesaid restrictions stood lifted with effect from 30.11.2021, and the proceedings under section 34, which was instituted on 29.09.2022, it would be obviously beyond the prescribed period provided under section 34 of the Act i.e. 120 days, which is an upper limit prescribed under section 34 of the Act, because the Statute specifically creates a bar that, if the aforesaid period of additional 30 days, expires in that eventuality, no further proceedings under section 34 of the Act, could have been entertained.

In view of the tenacity of this argument extended by the learned counsel for the petitioner, let notices be issued to the respondent. Steps to serve the respondent would be taken by the petitioner within a period of one week from today.

Till the next date of listing, the further proceedings of the Arbitration Case No.94 of 2022, "Mahesh Chandra Agarwal Vs. Competent Authority/Special Land Acquisition, Udham Singh Nagar and others", pending consideration before the court of District Judge, Udham Singh Nagar, would be kept in abeyance.

(Sharad Kumar Sharma, J.) 01.08.2023 NR/