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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Subash Chand – Appellant
Versus
National Highway Authority of India – Respondent
| Table of Content |
|---|
| 1. land acquisition award challenged via arbitration reference. (Para 4 , 5) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner-Subash Chand has come up before this Court in instant petition filed under Section 29 (4) of the Arbitration and Conciliation Act, 1996, seeking following relief:-
“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 Case No.94/2023 titled as Subash Chand Vs NHAI and other pending before the Ld. Divisional Commissioner (Arbitrator), Mandi, Distt. Mandi, H.P. 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. Grievance of the petitioner is that the Central Government issued a Notification under the National Highways Act for acquiring the land at Hamirpur Mandi Section of National Highway-70 and (KM 141 to KM 265) in Village/Muhal Manthala, Hadbast No.357, Tehsil Sadar, District Mandi, Himachal Pradesh, comprised Khasra No.1093/1031/1, was acquired, in terms of the Award No.43/3 da
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 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.
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....
Extension of arbitration proceedings mandated by the court when delays are not attributable to the parties, ensuring fairness in the arbitral 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 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....
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