AJAY MOHAN GOEL
Hari Ram – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT (ORAL)
OMP(M) No. 63 of 2023
By way of this application, a prayer has been made for condonation of delay in filing the appeal.
2. Having heard learned Counsel for the parties and having gone through the averments made in the application, the same is allowed, as prayed for and delay in filing the appeal is condoned. Appeal be registered. The application stands disposed of.
3. With the consent of the parties, the appeal is being disposed of at this stage itself.
4. By way of this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the 1996 Act’), the appellant has challenged judgment dated 17.05.2022, passed by the Court of learned District Judge, Mandi, District Mandi, H.P., in Arbitration Petition No.72 of 2019, titled as National Highways Authority of India versus Kanihya Lal and another, in terms whereof, the Arbitration Petition was allowed by the learned District in the following terms:-
“In view of the above, the present application(s) is allowed and an award dated 23.03.2019 passed by the learned Arbitrator is set aside. However, this will not prevent any of the parties from applying for the extension of time, i
As right to property is a Constitutional right under Article 300A of Constitution of India, appellant cannot be deprived of his property except in accordance with law.
The main legal point established in the judgment is that the award must be made within the specified time limit as per Section 29(A) of the Arbitration and Conciliation Act, 1996, and the parties hav....
Arbitration awards must be issued within prescribed time limits. If the period exceeds without consent or extension from the Court, the award can be invalidated.
The court possesses the discretion under Section 29-A(4) of the Arbitration and Conciliation Act, 1996 to extend the time limit for concluding arbitral proceedings when the statutory period has lapse....
The court possesses the discretion under Section 29-A of the Arbitration and Conciliation Act to extend the time limit for making an arbitral award, stressing the statutory obligation of the Arbitrat....
An arbitrator is mandatorily required to complete proceedings and pass an award within the statutory time limits prescribed under the Arbitration and Conciliation Act, 1996; failure to do so warrants....
Point of Law : When a statute envisages an authority, be it an Arbitrator, to do a particular act in a particular manner and in a prescribed time schedule, then onus is upon the said authority/Arbitr....
Timely completion of arbitration proceedings is mandatory under the Arbitration and Conciliation Act, 1996, and failure to comply may result in termination of the Arbitrator's mandate.
Adherence to statutory provisions and prescribed time schedules in arbitral proceedings is essential, and any delay must be justified.
Timely completion of arbitration proceedings is mandatory under the Arbitration and Conciliation Act, and failure to adhere to statutory timelines may result in termination of the arbitrator's mandat....
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