Back
AJAY MOHAN GOEL
Rajinder Kumar – Appellant
Versus
National Highway Authority of India – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
OMP(M) No.219 of 2023
By way of this application, a prayer has been made for condonation of delay in filing the appeal.
2. Having heard learned counsel for the parties and having gone through the averments made in the application, the same is allowed, as prayed for and delay in filing the appeal is condoned. Appeal be registered. The application stands disposed of.
Arb. Appeal No.4 of 2024
3. With the consent of the parties, the parties, the appeal is being disposed of at this stage itself.
4. By way of this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the 1996 Act’), the appellant has challenged judgment dated 04.12.2021, passed by the Court of learned District Judge, Mandi, District Mandi, H.P., in Arbitration Petition No.39 of 2018, titled as National Highways Authority of India versus Rajinder Kumar, in terms whereof, the Arbitration Petition was allowed by the learned District in the following terms:-
The main legal point established in the judgment is that the award must be made within the specified time limit as per Section 29(A) of the Arbitration and Conciliation Act, 1996, and the parties hav....
As right to property is a Constitutional right under Article 300A of Constitution of India, appellant cannot be deprived of his property except in accordance with law.
Arbitration awards must be issued within prescribed time limits. If the period exceeds without consent or extension from the Court, the award can be invalidated.
The court possesses the discretion under Section 29-A(4) of the Arbitration and Conciliation Act, 1996 to extend the time limit for concluding arbitral proceedings when the statutory period has lapse....
Point of Law : When a statute envisages an authority, be it an Arbitrator, to do a particular act in a particular manner and in a prescribed time schedule, then onus is upon the said authority/Arbitr....
The court possesses the discretion under Section 29-A of the Arbitration and Conciliation Act to extend the time limit for making an arbitral award, stressing the statutory obligation of the Arbitrat....
An arbitrator is mandatorily required to complete proceedings and pass an award within the statutory time limits prescribed under the Arbitration and Conciliation Act, 1996; failure to do so warrants....
Adherence to statutory provisions and prescribed time schedules in arbitral proceedings is essential, and any delay must be justified.
Timely completion of arbitration proceedings is mandatory under the Arbitration and Conciliation Act, 1996, and failure to comply may result in termination of the Arbitrator's mandate.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
