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Judgment
Sushil Kukreja, J
OMP No. 585 of 2023
Heard. In view of averments made in the application, the same is allowed and delay in re-filing the petition is ordered to be condoned.
The application stands disposed of.
Arb. Case No.917 of 2023
Notice. Mr. V.B. Verma, learned Central Government Counsel, Ms. Sneh Bhimta, Advocate and Mr. Raj Kumar Negi, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1 and 2, respondents No.3 and 4, respectively.
No reply to the petition is intended to be filed on behalf of the respondents.
In the instant petition, a prayer has been made by the petitioner 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.
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.
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.362/2018, on or before 29.05.2024.
Petition stands disposed of, so also the pending miscellaneous applications, if any.