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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Shiv Kumar – Appellant
Versus
National Highways Authority of India (NHAI) – Respondent
| Table of Content |
|---|
| 1. judgment consolidates cases with common issues. (Para 1 , 2 , 3) |
| 2. petitioner seeks extension of arbitration proceedings. (Para 4) |
| 3. petitioner sought an extension due to delays in arbitral proceedings. (Para 5) |
| 4. the legal provisions of the arbitration act are summarized. (Para 6 , 8) |
| 5. court analyzes sufficient cause for extension. (Para 9) |
| 6. arbitrator's actions and timelines justified an extension. (Para 10) |
| 7. orders reinstated for completion of proceedings within six months. (Para 11) |
| 8. court allows petitions and restores arbitral proceedings. (Para 12) |
JUDGMENT :
Ranjan Sharma, J.
Since common question of facts and law are involved, therefore, with the consent of parties, all these cases, are taken up for adjudication together at this stage, in the interests of justice.
2. Learned Counsel for petitioners states that Arbitration Case No.927 of 2024, titled as Shiv Kumar versus National Highways Authority of India (NHAI) & Another, may be treated as ‘Lead Case’ for adjudicating the said case and all connected petitions. Prayer not opposed by Learned Counsel for contesting respondents. Accordingly, the prayer is allowed and this Court proceeds in the above matters
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 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 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 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 may extend the mandate of an Arbitrator for sufficient cause, ensuring parties are not prejudiced by delays not attributable to them.
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....
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 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 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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