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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Keshav Ram – Appellant
Versus
National Highway Authority of India – Respondent
JUDGMENT :
Ranjan Sharma, J.
1. Petitioner [Keshav Ram], has come up, before this Court, seeking the following relief(s):-
“That the period from 12-05-2020 onwards may kindly be regularized and the mandate of the Arbitrator may kindly be extended for a reasonable time.”
FACTUAL MATRIX:
2. Case of petitioner [Keshav Ram] as set- up by Mr. H.S. Chandel, Learned Counsel is thatpursuant to Notification under Section 3(A) of the National Highways Act, 1956, the Central Government published a Notification to acquire the stretch of land from 106.0002 to 155.800 Kms. (Solan – Shimla Section) for four lanning etc. in State of Himachal Pradesh. Consequently, the land in 22 villages of Tehsil Shimla [Rural], including the lands of petitioner was acquired by CALA i.e. Competent Authority/Land Acquisition in terms of anAward No.4, dated 25.05.2015:
(i)Feeling aggrieved against the Award dated 25.05.2015, passed by Competent Authority for Land Acquisition, the petitioner filed a reference petition before Learned Arbitrator-cum-Divisional Commissioner, Shimla, which was registered as Reference Petition No. 83/2018, whereby, Learned Arbitrator continued the arbitral proceedings, but on 14.03.2023 [refer
The court ruled that delays in arbitral proceedings due to administrative reasons and the COVID-19 pandemic justified extending the Arbitrator's mandate under Section 29A of the Arbitration and Conci....
The court can extend the time for arbitral proceedings under sufficient cause, preventing parties from suffering due to delays not attributable to them.
The court ruled that extensions of time for arbitral proceedings are warranted when delays are not attributable to the parties, prioritizing efficiency and justice in the arbitration process.
The court ruled that arbitration mandates may be extended due to administrative delays not attributable to the parties, affirming the need for the timely resolution of disputes while preventing preju....
Extension of arbitration proceedings mandated by the court when delays are not attributable to the parties, ensuring fairness in the arbitral process.
The court emphasized that delays in arbitration due to administrative issues not attributable to the parties justify extending the arbitrator's mandate as per the provisions of the Arbitration and Co....
The court may extend the mandate of an Arbitrator for sufficient cause, ensuring parties are not prejudiced by delays not attributable to them.
Court extends arbitrator's mandate post-termination under Section 29A(5) for sufficient cause like procedural and administrative delays not attributable to petitioner, ensuring practical, expeditious....
Court may extend arbitrator's mandate under Section 29A(4),(5) post-termination for sufficient cause not attributable to petitioners, prioritizing pragmatic and effective arbitral conclusion.
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