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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Rajesh Thakur – Appellant
Versus
National Highway Authority of India – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioners, Rajesh Thakur & Prem Kumar, have come up before this Court seeking following prayers:-
“That the impugned order dated 26.05.2023 Annexure P-3, passed in Arbitration case No.372/2018 titled as Rajesh Thakur and another versus NHAI and another, may kindly be ordered to be set-aside and the mandate ofArbitrator may kindly be extended and reasonable time may be granted to conclude the arbitration proceedings, in view of the submissions made hereinabove, in the interest of justice.”
FACTUAL MATRIX:
2. Case set up by Mr. P.S. Goverdhan, Senior Counsel for the petitioners is that pursuant to Notification under Section 3(a) of the NATIONAL HIGHWAYS ACT , 1956, the Central Government published a Notification to acquire the land for building, widening, maintenance, management and operation of the said Highway in the State of Himachal Pradesh. Thereafter, the land belonging to petitioner comprising Khasra no.29, 32, 48 out of these land denoted by Khasra no.29/1, 32/1 and 48/1, Kitas 3 measuring 05-99, 15-83 and 1-30 hectares in total comes to 23-12 hectares situated in Mauja Dolag, Tehsil Kandaghat, District Solan [HP] was acquired and the Competent Autho
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....
Extension of arbitration proceedings mandated by the court when delays are not attributable to the parties, ensuring fairness in the arbitral process.
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 may extend the mandate of an Arbitrator for sufficient cause, ensuring parties are not prejudiced by delays not attributable to them.
The court can extend the time for arbitral proceedings under sufficient cause, preventing parties from suffering due to delays not attributable to them.
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