Krishan Kumar & Anr Vs Nhai & Anr

High Court Of Himachal Pradesh 10 Nov 2023 Arbitration Case No.854 Of 2023 (2023) 11 SHI CK 0044
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Arbitration Case No.854 Of 2023

Hon'ble Bench

Sushil Kukreja, J

Advocates

Anil Chauhan, Advocate. K.D. Shreedhar, Shreya Chauhan, B.N. Sharma

Final Decision

Disposed Of

Judgement Text

Translate:

Sushil Kukreja, J

1. Notice. Ms. Shreya Chauhan, Advocate and Mr. B.N. Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No. 1 and 2, respectively.

2. No reply to the petition is intended to be filed on behalf of the respondents.

3. In the instant petition, a prayer has been made by the petitioners to extend the time for completion of the arbitral proceedings pending before the Divisional Commissioner, Shimla, District Shimla, exercising the powers of Arbitrator under Section 3 of the National Highways Act, 1956.

4. Learned counsel for the parties have submitted that the issue in question is squarely covered by the judgment rendered by a coordinate Bench of this Court in Arbitration Case No. 126 of 2022 alongwith connected therewith matters, titled Sh. Ram Chand Vs. Land Acquisition Officer & Another and the instant petition may be disposed of by directing the learned Arbitrator to conclude the arbitral proceedings in terms of the said judgment.

5. Accordingly, in view of the aforesaid decision rendered by this Court, the instant petition is allowed and the Divisional Commissioner, Shimla, District Shimla, exercising the powers of Arbitrator under Section 3 of the National Highways Act, 1956 is directed to conclude the arbitral proceedings in Arbitration Case No. 353/2018, on or before 09.05.2024.

Petition stands disposed of, so also the pending miscellaneous applications, if any.

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