JOGINDER SINGH Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) Notice. Ms. Sneh Bhimta, learned vice counsel and Mr. Hemant K. Verma, learned Deputy Advocate General, appear and waive service of notice on behalf of respondents No.1 and 2, respectively.

(2.) It is not in dispute that a Reference Petition bearing No.67/2019 preferred by the petitioners under Sec. 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Shimla, Himachal Pradesh. The period of 12 months in terms of Sec. 29A(1) of the Arbitration and Conciliation Act, 1996 (in short 'the Act'), available to the learned Arbitrator for passing the award stands elapsed. The period specified under Sec. 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 Sec. 29A(4) of the Act, the Courts have extended the period for passing the award by six months.