Application for extension of time to comply with an order directing the arbitrator to conclude proceedings within six months. The court granted two months' further time to the arbitrator despite the application being filed under the wrong provision.
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Hari Ram Vs. Collector Land Acquistion & Ors.
OMP No. 663 of 2024 in Arb. Case No. 532 of 2023
09.08.2024 Present:
Mr. Ashwani Kaundal, Advocate, vice Mr. Maan Singh, Advocate, for the petitioner.
Ms. Sneh Bhimta, Advocate, for respondent-NHAI .
Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for respondent-State.
By way of instant application filed under Section 151
CPC, prayer has been made by the applicant for extension of time to comply with order dated 17.7.2023, passed by this Court in the Arbitration Case No. 532 of 2023, whereby direction was issued to the learned Arbitrator to conclude the arbitration proceedings within six months from the date parties appear before him i.e. 04.08.2023. It appears that on account of some miscommunication, parties failed to put in appearance before the learned Arbitrator on the given date, and as such, Arbitrator has not been able to do the needful well within time. Though this Court finds merit in the submissions of Ms. Sneh Bhimta, Advocate, that present application ought to have been filed under Section 29-A of the Arbitration and Conciliation Act, but since application at hand has been filed in the proceedings initiated under Section 29 of the Arbitration Act, coupled with the fact that prayer has been made for extension of time granted by this Court while exercising power under Section 29 of the Arbitration Act, this Court deems it fit to grant two months’ time to the learned
Arbitrator to conclude the arbitration proceedings. Ordered accordingly.
Learned counsel for the parties undertake to cause presence of their respective clients before the learned Arbitrator, on 24.08.2024, enabling him to do the needful well within the stipulated period. The application is disposed of.
August 09, 2024 (s unil)
(Sandeep Sharma), Judge
3 provisions across 3 enactments
Hari Ram
Collector Land Acquisition
NHAI
State of Himachal Pradesh
Sandeep Sharma
As recorded by the court registry
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