High CourtsSingle Bench(2023) 12 SHI CK 0035

Ashok Kumar & Anr vs NHAI & Ors

High Court Of Himachal Pradesh · Decided on 12 December 2023

HON’BLE JUDGES
Sushil Kukreja, J
RESULT
Disposed Of
CASE NUMBER
Arbitration Case No.896 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 247 words

Sushil Kukreja, J

1.

Notice. Ms. Sneh Bhimta, learned counsel, Mr. B.N. Sharma, learned Additional Advocate General and Mr. Virbhadur Verma, learned CGSC, appear and waive service of notice on behalf of respondent No.1, respondents No.2 & 4 and respondent No.3, 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 Arbitrator-cum-Divisional Commissioner, Shimla camp at Solan, District Solan, H.P., 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 Arbitrator-cum-Divisional Commissioner, Shimla camp at Solan, District Solan, H.P., 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.95/2017, on or before 11.06.2024.

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