Tek Chand Vs Lac Slau-Cum-Competent Authority NHAI and Another — Himachal Pradesh HC (2026) — LawSathi Research

Tek Chand Vs Lac Slau-Cum-Competent Authority NHAI and Another — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Mandate of the learned Arbitrator extended by six months from 05.01.2026; parties, through their learned counsel, directed to appear before the learned Arbitrator on 12.01.2026; all rights and contentions of the parties left open to be adjudicated by the learned Arbitrator; petition and pending miscellaneous application(s), if any, disposed of in the above terms.

Issue for consideration

Whether the time available to the learned Arbitrator for pronouncing the award in the pending Reference Petition (Arbitration Case No.396/2018) should be extended by six months, the statutory periods under Sections 29A(1) and 29A(3) of the Arbitration & Conciliation Act, 1996 having elapsed.

Court's answer

The petitioner has made out a case for extending the period for deciding the arbitration proceedings by six months, and the court ordered accordingly.

Ratio / Principle

The mandate of the learned Arbitrator in deciding the petition under reference is extended by six months from today (05.01.2026).

Detailed headnote1 paragraphs

Tek Chand v. Land Acquisition Officer and another, Arb. Case No.399/2025 (High Court of Himachal Pradesh, Shimla; decided 05.01.2026; Jyotsna Rewal Dua, J.) — The petitioner's Reference Petition (Arbitration Case No.396/2018) preferred under Section 3G of the National Highways Act was pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Mandi, Himachal Pradesh. The 12-month period under Section 29A(1) of the Arbitration & Conciliation Act, 1996 available to the Arbitrator for passing the award had elapsed, and the period under Section 29A(3) was also over; the Arbitrator's mandate therefore stood terminated and he had closed the proceedings. On the petitioner's prayer for a six-month extension, and noting that in similar matters courts had taken recourse to Section 29A(4) of the Act to extend the award period by six months, the court held that the petitioner had made out a case for extension and extended the Arbitrator's mandate by six months from 05.01.2026, directing the parties to appear before the Arbitrator on 12.01.2026 with all rights and contentions left open. The petition, along with pending miscellaneous application(s), stood disposed of accordingly.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Arb. Case No.399/2025

Decided on: 05.01.2026

---------------------------------------------------------------------------- Tek Chand …..Petitioner

Versus

Land Acquisition Officer and another .....Respondents ---------------------------------------------------------------------------Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioner: Ms. Suhani Gautam, Advocate.

For the Respondents: Mr. Y.P.S. Dhaulta and Mr. L.N. Sharma, Additional Advocates General for respondent No.1.

Ms. Shreya Chauhan, Advocate for respondent No.2.

---------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Ms. Shreya Chauhan, learned counsel, appear and waive service of notice on behalf of respondents No. 1 & 2, respectively.

It is not in dispute that a Reference Petition, bearing Arbitration Case No.396/2018, preferred by the petitioner under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the

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

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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 petitioner has prayed for extending the time for pronouncing the award by six months.

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.

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 12.01.2026. All rights and contentions

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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.

January 05, 2026 yogesh

Jyotsna Rewal Dua Judge