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2024 Supreme(All) 899

SHEKHAR B. SARAF
Jasvinder Kaur – Appellant
Versus
National Highways Authority Of India – Respondent


Advocates Appeared:
For the Appellant : Ms. Gunjan Jadwani and Ms. Chandrika Patel, Advs.
For the Respondents: Mr. Pranjal Mehrotra, Advs.

JUDGMENT :

(Shekhar B. Saraf, J.) :

1. The instant application has been filed under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) by Smt. Jasvinder Kaur (hereinafter referred to as the ‘Appellant’) challenging the order dated February 7, 2023 passed by District Judge, Rampur by which the application under Section 34 of the Act filed by the Appellant was dismissed as time barred.

FACTS

2. I have laid down the factual matrix of the instant lis below:

    a. A notification under Section 3A of the National Highways Act, 1956 (hereinafter referred to as the ‘NHAI Act’) was issued by National Highways Authority of India (hereinafter referred to as the ‘Respondent No. 1’). Subsequently, a notification under Section 3D of the NHAI Act was published by the Respondent on June 17, 2013.

b. Appellant filed an objection before the Competent Authority, claiming higher rate of compensation. Objection of the Appellant was rejected by the Competent Authority. Against the award passed by the Competent Authority, the Appellant preferred arbitration under Section 3G(5) of the NHAI Act.

c. The Arbitrator passed an award on January 31, 2023 (back dated to Octob

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