Allowed

Sanjay Dev and Others v. NHAI and Another

Himachal Pradesh HC4 Sept 2024ARB.C/751/2024

Case brief

AI extract

What is this about?

In an arbitration proceeding under the National Highways Act where the statutory time limit for passing the award had elapsed, the High Court extended the Arbitrator's mandate by six months to determine the merits of the reference petition.

What did the court decide?

The mandate of the learned Arbitrator in deciding the petition under reference is extended by six months from today.

Sanjay Dev and Others Vs NHAI and Another — Arbitration | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Arb.Case No.751 of 2024 Decided on: 04.09.2024

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_________________________________________________________________ Sanjay Dev & Ors. ....Petitioners Versus NHAI & Anr. …Respondents _________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? _________________________________________________________________ For the petitioners : Mr. G.R. Palsra, Advocate. For the respondents : Ms. Sneh Bhimta, Advocate, for respondent No.1. : Mr. L.N. Sharma, Additional Advocate General, for respondents No.2.

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Jyotsna Rewal Dua, Judge

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Notice. Ms. Sneh Bhimta, Advocate Mr. L.N. Sharma, Additional Advocate General, appear and waive service of notice on behalf of respondent No.1 and respondent No.2, respectively.

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It is not in dispute that a Reference Petition bearing No.421/2019 preferred by the petitioners under Section 3G of the National Highways Act is pending

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

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adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Mandi Division, Mandi (H.P.), 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 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.

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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.

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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

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on 05.09.2024. All rights and contentions of the parties are

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left open to be adjudicated by the learned Arbitrator.

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The petition stands disposed of in the above

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terms, so also the pending miscellaneous application(s), if

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any.

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Jyotsna Rewal Dua Judge

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September 4^th , 2024 (Pardeep)

Sanjay Dev and Others v. NHAI and Another

Case brief

What is this about?

What did the court decide?

Sanjay Dev and Others v. NHAI and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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