Allowed¶22

Dharam Chand and Ors. v. NHAI and Ors.

Himachal Pradesh HC29 Dec 2025ARB.C/370/2025

Case brief

AI extract

What is this about?

High Court of Himachal Pradesh, Shimla; Arb. Case No.370 of 2025; decided 29.12.2025 by Ms. Justice Jyotsna Rewal Dua; Section 29A(1)/(3)/(4) Arbitration & Conciliation Act 1996; extension of time for pronouncing arbitral award; termination of arbitrator's mandate; Section 3G National Highways Act reference; Arbitration Case No.13/2023; NHAI land acquisition compensation; Divisional Commissioner Mandi as Arbitrator; six-month extension; appearance fixed for 12.01.2026; petition allowed and disposed of.

What did the court decide?

Extension of the mandate of the learned Arbitrator to decide Arbitration Case No.13/2023 by six months from the date of the order; parties directed to appear before the Arbitrator on 12.01.2026; all rights and contentions left open; pending miscellaneous applications, if any, also disposed of. ¶22

Dharam Chand and Ors. Vs NHAI and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Arb. Case No.370 of 2025

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Decided on: 29^th December, 2025

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------------------------------------------------------------------------------------- Dharam Chand and others …..Petitioners

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Versus

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National Highways Authority of India and others

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.....Respondents

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioners: Mr. Anuj Nag, Advocate.

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For the Respondents: Mr. Sumeet Raj Sharma, Advocate, for respondents No.1 and 3.

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Mr. S.D. Vasudeva, Deputy 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 Arbitration Case No.13/2023, preferred by the petitioners under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Mandi, Himachal Pradesh.

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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

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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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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2. 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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3. 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 on 12.01.2026 . 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 terms, so also the pending miscellaneous application(s), if any.

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Jyotsna Rewal Dua Judge

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December 29, 2025 Mukesh

Dharam Chand and Ors. v. NHAI and Ors.

Case brief

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Dharam Chand and Ors. v. NHAI and Ors.

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