Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that petition under section 34 of the Arbitration Act cannot be entertained which is filed beyond the prescribed period of 3 months under section 34(3) of the Act in the absence of sufficient cause being shown. Brief Facts Award was passed on 06.11.2023 in favour of the non-applicant/respondent by the...

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act

The Himachal Pradesh High Court bench of Justice Virender Singh has reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Courts may only interfere if the award exhibits patent illegality or arbitrariness that goes to the root of the matter.Brief Facts:The...

Himachal Pradesh High Court Orders Closure Of Non-Profitable HPTDC Hotels, Calls Properties A Burden On State Exchequer

Highlighting the financial burden imposed on the state exchequer due to underperforming properties, the Himachal Pradesh High Court has ordered the immediate closure of several non-profitable hotels operated by the Himachal Pradesh Tourism Development Corporation (HPTDC).Justice Ajay Mohan Goel remarked that the continuation of such properties is akin to "white elephants," draining...

HP High Court Orders Attachment Of Himachal Bhawan In Delhi Over State's Failure To Clear ₹64 Crore Dues

The Himachal Pradesh High Court has ordered the attachment of Himachal Bhawan in Delhi due to the Himachal Government's failure to implement an award directing it to refund Rs. 64 crore with interest.The controversy traces back to a judgment delivered on January 13, 2023, in a writ petition filed by Seli Hydro Electric Power Company Limited. The court had directed the Himachal Pradesh...

Himachal Pradesh High Court Weekly Round-Up: November 11 To 17th, 2024

Nominal Index:M/s Lakhwinder Singh Stone Crusher v. Union of India & ors 2024 LiveLaw (JKL) 72Satpal Singh Satti & others vs.State of Himachal Pradesh & others and connected matters 2024 LiveLaw (HP) 73National Highway Authority of India Versus Rajesh Kaptyaksh and Ors 2024 LiveLaw (HP) 74General Manager, Punjab Roadways Pathankot v. Excise & Taxation...

While Hearing Appeal U/S 37 Of Arbitration Act, Court Must Confine Itself To Grounds U/S 34 Of Arbitration Act: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua affirmed that supervisory role of Courts is very restricted in dealing with appeals under Section 37 of the Arbitration Act. Scope of interference in a petition under Section 34 of the Act is very narrow. Jurisdiction under Section 37 of the Act is narrower.Therefore, Courts must be very conservative while dealing...

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Mr. Justice Bipin Chander Negi has held that the deposit of awarded amount in pursuance of an order of the court into the court registry would be equivalent to payment under section 31 of the Arbitration Act. This will extinguish the liability arising under the award for which execution petition would then not be maintainable. Brief...

Punjab Roadways Cannot Deprive Himachal Pradesh Govt Of Passenger Tax, Interest On Delayed Payment When Its Buses Are Plying On Territory: HC

The Himachal Pradesh High Court recently directed the Punjab Roadways to clear the interest due upon it for delayed payment of passenger tax and surcharge to the HP government. A division bench of Acting Chief Justice Tarlok Singh Chauhan and Justice Satyen Vaidya observed that the body first failed to deposit any tax with the authorities of Himachal Pradesh despite the fact that it...

Award Cannot Be Set Aside On Grounds Of Mere Illegality Unless Patent Illegality Is Established U/S 34 Of Arbitration Act: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua, affirmed that 'patent illegality' in the award calls for interference under section 34 of the Arbitration Act but a mere illegality is not patent illegality. It ought to be apparent on the face of the award and not the one which is culled out by way of a long drawn analysis of pleadings and...

Himachal Pradesh High Court Nullifies 2006 Law Permitting Appointment Of MLAs As Parliamentary Secretaries

Today, the Himachal Pradesh High Court nullified a 2006 State Law which permitted the state government to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries. The Court found the Law to be beyond the legislative competence of the State Legislature. With this, a bench of Justice Vivek Singh Thakur and Justice Bipin Chander Degi also set aside...

Himachal Pradesh High Court Weekly Round-Up November 4 - November 10 2024

Nominal Index:Virender Singh and others. Versus State of H.P. and another 2024 LIveLaw (HP) 58Su-Kam Power System Ltd. & Another versus State of Himachal Pradesh & Others 2024 LiveLaw (HP) 59National Highway Authority of India v. Narayan Das 2024 LiveLaw (HP) 60NHPC Ltd. Vs. Principal Commissioner, CGST and Ors 2024 LiveLaw (HP) 61M/s A.M. Enterprises v. State of Himachal Pradesh...

Himachal Pradesh HC Upholds Levy Of GST On Mining Royalty Payable Under Mining Concession Granted By State

The Himachal Pradesh High Court has dismissed a writ petition challenging notifications issued by the Central government for levy of GST on Royalty paid by a Mineral Concession Holder for mining concession granted by the State. The Petitioner, a firm engaged in stone crushing, was issued notices and summons under Section 70 of Central Goods and Services Tax Act, demanding GST...