Shakuntal Devi Vs NHAI and Ors.

For the petitioner	:	Mr. Varun Rana, Advocate.
For the respondents	:	Ms. Sneh Bhimta, Advocate, vice counsel, for respondent No.1.
	:	Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No. 2.

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Satyen Vaidya, Judge (Oral)

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By way of instant petition, a prayer has been

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made to extend the period of mandate of Arbitrator in Arbitration Case No. 1397 of 2017.

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It is mentioned that though the Arbitrator

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had entered the reference in the year 2017, a lot of period

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1 Whether reporters of the local papers may be allowed to see the judgment?

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2

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was lost on account of circumstances created in the interregnum by COVID-19 Pandemic. This led to completion of pleadings on 31.12.2021.

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The Arbitrator had not been able to conclude the proceedings within the time prescribed under Section 29 of the Arbitration and Conciliation Act, 1996, which has caused the petitioner to approach this Court for extension of time.

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It has been contended on behalf of the petitioner that in case the time is not extended the valuable civil rights of the petitioner shall be adversely affected without any fault on his part. The proceedings before learned Arbitrator are to determine the market value of the acquired land of the petitioner by assessing as to whether the value so assessed by the Collector is correct or not.

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Though, the National Highways Authority of India has filed its reply but it has not been able to point out any special circumstance which disentitles the petitioner from the prayer made by way of instant petition.

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3

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I am satisfied that the proceedings in the arbitration matter before learned Arbitrator has not been delayed on account of negligence of the petitioner or any other stakeholder.

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In this view of the matter, I see no reason to decline the prayer made in the petition. Accordingly, the petition is allowed. The period of mandate available to the Arbitrator is extended by six months from the date of passing of this order.

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It is clarified that the respondent No.1National Highways Authority of India, shall be at liberty to resist the claim of the petitioner before Arbitrator with respect to payment of interest/penalty, if any, arising on account of delay in conclusion of the proceedings.

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The petition, is accordingly, disposed of, in the aforesaid terms.

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Pending miscellaneous applications, (if any),

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shall also stand disposed of.

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15^th June, 2024

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(Satyen Vaidya) Judge

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(sushma)

Shakuntal Devi v. NHAI and Ors.

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Shakuntal Devi v. NHAI and Ors.

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