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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Mr. Justice Bipin Chander Negi, J
Ambara Devi – Appellant
Versus
National Highway Authority of India (NHAI) – Respondent
| Table of Content |
|---|
| 1. reference petition filed (Para 2 , 3 , 4) |
| 2. observations on proceedings (Para 5 , 6) |
| 3. callous attitude of arbitrator (Para 7 , 8 , 9) |
| 4. remiss in duties (Para 10 , 11) |
| 5. directions to conclude proceedings (Para 12 , 13) |
JUDGMENT :
Bipin Chander Negi, J.
The arbitral dispute arises out of the land acquisition in District Bilaspur, H.P. for the purpose of building (widening/ four laning etc.) maintenance, management and operation of National Highway- 21. The land has been acquired under the provisions of National Highways Act, 1956 .
2. Arbitration case No. 711 of 2024 pertains to Award No. 8/2016/17 dated 16.01.2017, with respect to which the petitioner had preferred Reference Petition No. 1408 of 2017. In the aforesaid reference, the Arbitrator had issued notices for 04.01.2018. The right to file reply was closed. Vide order dated 07.12.2021, it was observed that the mandate of the Arbitrator had expired. Hence, the aforesaid arbitral proceedings were kept in abeyance, till the time period for completing the arbitral proceedings, was extended under Section 29A.
3. From a perusal of the aforesaid, it is evident that the Reference Petition against the award had been fi
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.
Arbitrator must adhere to statutory timelines; delays can lead to termination of mandate to ensure just compensation for affected parties.
Timely completion of arbitration proceedings is mandatory under the Arbitration and Conciliation Act, and failure to adhere to statutory timelines may result in termination of the arbitrator's mandat....
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.
The court can grant an extension of time for arbitral proceedings if it is satisfied that the delay was due to circumstances beyond the control of the arbitral tribunal, as provided under S.29A of th....
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 established that an arbitrator's mandate can be extended for sufficient cause, ensuring parties are not prejudiced by delays not attributable to them.
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