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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Rama Sood – Appellant
Versus
Nhai – Respondent
JUDGMENT :
Bipin Chander Negi, J.
1. The arbitral dispute arises out of the land acquisition in District Shimla, H.P. for the purpose of building (widening/four laning etc.) maintenance, management and operation of National Highway-05. The land has been acquired under the provisions of National Highways Act, 1956.
2. Arbitration case No. 572 of 2024 pertains to Award No. 10 dated 01.06.2015 with respect to which the petitioner had preferred Reference Petition No. 145 of 2016. In the aforesaid reference, the Arbitrator had issued notices for 17.01.2017. Reply was filed in March, 2017. Vide order dated 13.03.2023, 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 29-A.
3. From a perusal of the aforesaid, it is evident that the Reference Petition against the award had been filed by the land owners about 8 years back.
4. The relevant extract of the provisions involved in the present lis, as amended by the Act No. 33 of 2019 w.e.f 31.08.2019, are being reproduced here-in-below for a ready reference:-
“29-A. Time limit for arbit
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....
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.
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....
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.
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