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(2024) Law Today Live Doc. Id. 19316
Decided on: 18.06.2024
For the petitioners:
Mr. Amit Sharma, Advocate.
For the respondents:
Ms. Shreya Chauhan, Advocate, for respondents No.1/NHAI. Mr. Balram Sharma, DSGI, for respondent No.2.
Mr. Varun Chandel, Additional Advocate General, for respondent No.3.
Arbitration and Conciliation Act, 1996 (26 of 1996), Section 29A -- National Highways Act, 1956 (48 of 1956), Section 3G – Lapse of time for arbitration award – Extension of time -- Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator -- Period of 12 months in terms of Section 29A(1) of the Arbitration Act, 1996 stands elapsed -- Period specified u/s 29A(3) of the Act is also over, hence, the ld. Arbitrator has closed the proceedings in view of termination of his mandate – Time extended for six months for passing the award by taking recourse of Section 29A(4).
(Para 2-4)
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JYOTSNA REWAL DUA, J. –
Notice. Ms Shreya Chauhan, learned counsel, Mr. Balram Sharma, learned Deputy Solicitor General of India and Mr. Varun Chandel, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1, 2 & 3, respectively.
2. It is not in dispute that a Reference Petition bearing No.457/2018 preferred by the petitioners under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Shimla camp at Solan, Himachal Pradesh. The period of 12 months in terms of Section 29A(1) of the Arbitration & Conciliation Act, 1996 (in short ‘the Act’), available to the learned Arbitrator for passing the award stands elapsed. The period specified under Section 29A(3) of the Act is also over, hence, the learned Arbitrator has closed the proceedings in view of termination of his mandate. In these circumstances, the petitioners have prayed for extending the time for pronouncing the award by six months.
3. I have heard learned counsel on both sides and considered the case file. It has been informed that in similar matters, taking recourse to Section 29A(4) of the Act, the Courts have extended the period for passing the award by six months.
4. The petitioners have made out a case for extending the period for deciding the arbitration proceedings by six months. Ordered accordingly. The mandate of learned Arbitrator in deciding the petition under reference is extended by six months from today. The parties, through their learned counsel, are directed to appear before the learned Arbitrator on 28.06.2024. All rights and contentions of the parties are left open to be adjudicated by the learned Arbitrator.
The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Order accordingly.
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