Disposed

Mayadhar Sharma Deceased through Lrs Jagdish Sharma and Others v. NHAI and Another

Himachal Pradesh HC10 Sept 2024ARB.C/775/2024

Case brief

AI extract

What is this about?

Land acquisition compensation reference pending before the Divisional Commissioner as Arbitrator; the statutory period for award under Section 29A had expired and mandate terminated. Court extended the arbitrator's mandate by six months to pronounce the award.

What did the court decide?

Arbitrator's mandate extended by six months from 10.09.2024 to decide the reference petition; parties to appear on 11.09.2024.

Mayadhar Sharma Deceased through Lrs Jagdish Sharma and… — 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.775 of 2024 Decided on: 10^th September, 2024.

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_________________________________________________________________ Mayadhar Sharma (deceased) through LRs ....Petitioners Versus NHAI & Anr. …Respondents ________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Varun Rana, Advocate. For the respondents: Ms. Sneh Bhimta, Advocate, for respondent No.1. Mr. L.N.Sharma, Additional Advocate General for respondent No.2.

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Jyotsna Rewal Dua, Judge

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It is not in dispute that a Reference Petition bearing No.117/2019 preferred by the petitioner under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Mandi, Himachal Pradesh. The period of 12

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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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3. 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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4. The petitioner has 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 on 11.09.2024 . All rights and contentions of the parties are 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 10, 2024 R.Atal

Mayadhar Sharma Deceased through Lrs Jagdish Sharma and Others v. NHAI and Another

Case brief

What is this about?

What did the court decide?

Mayadhar Sharma Deceased through Lrs Jagdish Sharma 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

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Mayadhar Sharma Deceased through Lrs Jagdish Sharma and Others Vs NHAI and Another