Suresh Kumar and Ors. Vs NHAI and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

Suresh Kumar and Ors. Vs NHAI and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Mandate of the learned Arbitrator extended by six months from the date of the order (16.12.2025); parties, through counsel, directed to appear before the learned Arbitrator on 30.12.2025; all rights and contentions of the parties left open to be adjudicated by the learned Arbitrator; pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the time for pronouncing the arbitral award in the petitioners' pending Section 3G National Highways Act reference should be extended by six months, the learned Arbitrator's mandate having terminated on expiry of the periods under Section 29A(1) and Section 29A(3) of the Arbitration & Conciliation Act, 1996.

Court's answer

The petitioners made out a case for extending the period for deciding the arbitration proceedings by six months.

Ratio / Principle

The mandate of the learned Arbitrator in deciding the petition under reference was extended by six months from the date of the order, with the parties directed to appear before the learned Arbitrator on 30.12.2025 and all rights and contentions left open.

Detailed headnote1 paragraphs

Himachal Pradesh High Court (Jyotsna Rewal Dua, J.), by order dated 16th December, 2025 in Arb. Case No.391 of 2025, disposed of the petitioners' prayer for extension of time for pronouncement of the arbitral award. The petitioners' Reference Petition (Arbitration Case No.103/23) under Section 3G of the National Highways Act was pending before the learned Arbitrator, the Divisional Commissioner, Mandi, Himachal Pradesh. The 12-month period under Section 29A(1) of the Arbitration & Conciliation Act, 1996 and the further period under Section 29A(3) having elapsed, the learned Arbitrator had closed the proceedings on termination of his mandate. Holding that the petitioners made out a case for a six-month extension, the Court extended the mandate of the learned Arbitrator by six months, directed the parties to appear before him on 30.12.2025, and left all rights and contentions of the parties open, disposing of the petition and pending miscellaneous application(s), if any.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Arb. Case No.391 of 2025

Decided on: 16^th December, 2025

------------------------------------------------------------------------------------- Suresh Kumar and others …..Petitioners

Versus

National Highway Authority of India and others

.....Respondents

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioners: Mr. Parveen Kumar, Advocate.

For the Respondents: Ms. Shreya Chauhan, Advocate, for respondents No.1 and 3.

Ms. Ayushi Negi, Deputy Advocate General, for respondent No.2.

Jyotsna Rewal Dua, Judge

Notice. Ms. Shreya Chauhan, learned counsel and Ms. Ayushi Negi, learned Deputy Advocate General, appear and waive service of notice on behalf of respondents No.1 & 3 and respondent No.2, respectively.

2. It is not in dispute that a Reference Petition, bearing Arbitration Case No.103/23, preferred by the petitioners under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e.

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

2

the Divisional Commissioner, Mandi, 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.

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.

4. 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 30.12.2025 . All

3

rights and contentions of the parties are left open to be

adjudicated by the learned Arbitrator.

The petition stands disposed of in the above

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

any.

December 16, 2025 Mukesh

Jyotsna Rewal Dua Judge