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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
National Highway Authority of India – Appellant
Versus
Competent Authority of Land Acquisition-cum-SDO, Nalagarh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks extension for arbitration proceedings. (Para 1 , 2) |
| 2. respondents did not file replies; joint representation for justice. (Para 3 , 4) |
| 3. understanding section 29a of arbitration and conciliation act. (Para 5 , 6) |
| 4. court's right to extend arbitration time for sufficient cause. (Para 7 , 8) |
| 5. judicial precedent supports time extension in similar cases. (Para 9 , 10 , 11) |
| 6. final directives by the court regarding arbitration proceedings. (Para 12) |
| 7. order for arbitration proceedings extension granted with conditions. (Para 13) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, National Highway Authority of India, has come up before this Court seeking following prayers:-
“It is, therefore, respectfully prayed that in view of the facts stated above the application may kindly be allowed and the time limit for completing the arbitration proceedings in Arbitration Reference petition No.421/2018 pending before the Ld. Arbitratior-cum- Divisional Commissioner, Shimla, Camp at Solan, may kindly be extended for a further period of six months or any other orders or directions which this Ld. Court may deem fit be passed in the interest of justice.”
FACTUAL MATRIX:
2. Case se
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 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....
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 may extend the mandate of an Arbitrator for sufficient cause, ensuring parties are not prejudiced by delays not attributable to them.
Court extends arbitrator mandate post-expiry under Sec 29A(4),(5) on sufficient cause like advanced proceedings, non-attributable delay, ensuring logical conclusion without petitioner fault.
Court extends arbitrator's mandate under Section 29A(4)(5) post-expiry for sufficient cause where proceedings advanced, delay administrative, not petitioner's fault, ensuring logical and expeditious ....
Court may extend arbitrator's mandate under Section 29A(4)(5) post-expiry if sufficient cause shown, such as advanced proceedings and delay not attributable to parties, to ensure logical conclusion a....
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