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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Joginder Singh Thakur, Deceased through his LRs – Appellant
Versus
National Highway Authority of India – Respondent
| Table of Content |
|---|
| 1. arbitration terminated post time limit in land acquisition reference. (Para 1 , 2 , 3 , 4) |
| 2. unopposed petition seeks extension of arbitrator mandate. (Para 5) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner-Dinesh Singh Thakur and three other, being the legal heirs of late Shri Joginder Singh Thakur (since deceased) have come up before this Court in instant petition filed under Section 29-A of the Arbitration and Conciliation Act, 1996, seeking following relief(s):-
“That the period since the pendency of the Arbitration Case No.157/16 titled Joginder Vs. NHAI and others may be regularized and the mandate of the Arbitrator may be extended for a reasonable time as deemed proper by this Hon’ble Court.”
FACTUAL MATRIX:
2. Case as setup by Learned Counsel is that pursuant 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 the predecessor of the petitioners were acquired by Competent Authority/L
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.
Court extends arbitrator's mandate under Section 29A(5) for sufficient cause including clerical errors, procedural delays, pandemic effects not attributable to parties, ensuring logical conclusion of....
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.
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....
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....
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 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....
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