NHAI vs Vijay Kumar & Ors. OMP (M) No.189 of 2024 24.03.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant/appellant. Mr. Yuyutsu Singh Thakur, Advocate, for respondents No.1 to 4. OMP (M) NO.59 of 2026 & OMP (M) No.60 of 2026 By medium of OMP (M) No.60 of 2026, the applicant has sought condonation of delay in filing the application i.e. OMP(M) No.59 of 2026 for bringing on record the legal representatives of deceased respondent No.5 Smt. Brahmi Devi, who has expired on 29.10.2021, leaving behind her LRs as mentioned in para 3 of the application. It has been averred in the application filed under Section 5 of the Limitation Act that factum of death of respondent No.5 was not within the knowledge of the applicant, therefore, the delay in filing the application is neither intentional nor willful, but same has occurred due to unavoidable circumstances, which were beyond the control of the applicant. In view of the averments as made in the applications, which are duly supported by affidavits and keeping in view the fact that the learned counsel for the non-applicants has no objection in case delay is condoned for bringing on record the legal heirs of deceased respondent No.5, the aforesaid delay is condoned and the legal representatives of deceased respondent No.5 Smt. Brahmi Devi namely Smt Anjulta, Pushpinder Kumar, Gulshan Kumar, Pholan Devi are ordered to be brought on record as respondents No.5(a) to respondents No.5(d). Coupled with the fact that one of the LRs of respondent No.5 is already on record as respondent No.1 Abatement, if any, is also set aside. Registry is directed to carry out the necessary correction in the memo of parties. The applications are allowed and stand disposed off. OMP NO.61 of 2026 & OMP (M) No.62 of 2026 By medium of OMP (M) No.62 of 2026, the applicant has sought condonation of delay in filing the application i.e. OMP(M) No.61 of 2026 for bringing on record the legal representatives of deceased respondent No.6 Dalip Singh, who has expired on 18.06.2018, leaving behind her LRs as mentioned in para 3 of OMP (M) No.61 of 2026. It has been averred in the application filed under Section 5 of the Limitation Act that factum of death of respondent No.6 was not within the knowledge of the appellant, therefore, the delay in filing the application is neither intentional nor willful, but same has occurred due to unavoidable circumstances, which were beyond the control of the appellant. In view the averments as made in the applications, which are duly supported by affidavits and keeping in view the fact that the learned counsel for the non-applicants has no objection in case delay is condoned for bringing on record the legal heirs of deceased respondent No.6, the aforesaid delay is condoned and the legal representatives of deceased respondent No.6 Sh Dalip Singh, details whereof have been given in para 3 of the OMP (M) No.61 of 2026 are ordered to be brought on record as respondents No.6(i) to respondents No.6(viii). Abatement, if any, is also set aside. Registry is directed to carry out the necessary correction in the memo of parties. The applications are allowed and stand disposed off. OMP No.55 of 2026 Allowed. Applicant/Appellant is exempted from filing English translation of Annexures A-1 & A-2, at this stage, subject to filing of the same within seven days, as and when directed to do so. The application stands disposed off. OMP (M) No.189 of 2024 The present application has been filed for condoning the delay in filing the present appeal. It has been averred that the present applicant was not aware about the decision of the proceedings and only in the month of March, 2024, the applicant came to know that the arbitration proceedings have been decided. On closing of the financial year, the applicant inquired from all the counsels/law firms about the pendency of all the cases pending in various forums throughout the State of Himachal Pradesh and it is only then this fact came to the knowledge of the applicant. The delay in filing the appeal is bonafide and the applicant was not going to gain by not assailing the impugned judgment as passed by the learned District Judge. The averments as made in the application are reasonable and plausible, therefore keeping in view the averments as made in the application, which is duly supported by an affidavit, the delay in filing the appeal is condoned. Application stands disposed off. Arb. Appeal No.____/2026 (ARBAST No. 31551/24) Appeal be registered. Admit. Issue notices to the newly added respondents returnable within four weeks. Steps be taken within one week. Record be requisitioned. List after four weeks. OMP No. ____2025(OMPST63257/25) Application be registered. Subject to deposit of entire awarded amount along with up to date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 05.09.2017, passed by learned Arbitrator and judgment dated 18.11.2023, passed by learned District Judge, Bilaspur, H.P. shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed off. ( Romesh Verma) Judge March 24,2026 (meera)