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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Neelam Kapoor – Appellant
Versus
Competent Authority Land Acquisition-cum- Land Acquisition Collector-cum-Sub Divisional Officer (Civil) – Respondent
| Table of Content |
|---|
| 1. arbitration delay due to statutory time expiry and closures. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondents do not oppose petition for time extension. (Para 6 , 7 , 8) |
| 3. section 29a mandates 12-month limit for arbitral awards. (Para 9) |
| 4. courts extend mandate post-expiry on sufficient cause. (Para 10 , 11) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioner-Neelam Kapoor has come up before this Court, under Section 29(4) of the Arbitration and Conciliation Act, 1996, seeking following relief(s):-
“That the time limit for completing the Arbitration proceedings in Arbitration Reference case No. NH-154(13/24) titled as Neelam Kapoor v. CALA-cum-SDM Sadar, Mandi pending before the learned Arbitrator under National Highways Authority of India-cum-Divisional Commissioner, Mandi, may kindly be extended for a further period of six months from the date of order which may be passed by this Hon’ble Court.”
FACTUAL MATRIX:
2. Grievance of the petitioner is that the Central Government issued a Notification under the National Highways Act for acquiring the land/ buildings on National Highway-21, on the stretch of land Pathankot–Manali Section, wherein, the land of the petitioner comprised in Khatou
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-expiry if sufficient cause shown, such as advanced proceedings and delay not attributable to parties, to ensure logical conclusion a....
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 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.
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 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.
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