This order extends the mandate of the arbitrator by six months from June 2024 to allow the petitioner to pronounce an award under a pending reference petition, applying Section 29A(4) of the Arbitration & Conciliation Act, 1996.
The mandate of the learned Arbitrator is extended by six months from the date of the order (17.06.2024).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Arb.Case No.568 of 2024 Decided on: 17th June, 2024.
_________________________________________________________________ Bishan Thakur & Ors. ...Petitioners Versus NHAI & Ors. …Respondents _________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? _________________________________________________________________ For the petitioners : Mr. Peeyush Verma and Mr. Anuj Bali, Advocates. For the respondents : Ms. Shreya Chauhan, Advocate, for respondent No.1. : Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.2. : Mr. L.N. Sharma and Mr. Varun Chandel, Additional Advocates General, for respondents No.3 and 4.
Jyotsna Rewal Dua, Judge
It is not in dispute that a Reference Petition bearing No.280/2017 preferred by the petitioner 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 1 Whether reporters of Local Papers may be allowed to see the judgment? yes
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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.
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The petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua Judge
June 17th , 2024 Pardeep
1 issue framed by the court
Whether the time limit for the arbitrator to pass an award under Section 29A(1) of the Arbitration & Conciliation Act, 1996 can be extended under Section 29A(4) of the Act.
2 provisions across 2 enactments
Bishan Thakur & Ors.
National Highway Authority of India & Ors.
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
