NHAI vs. Nikki Devi and another OMP(M) No.191 of 2024 05.05.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Ms. Tanu Sharma, Advocate, for rerspondent No.2. The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the impugned judgment was passed by the learned District Judge, Bilaspur, District Bilaspur, on 18.11.2023. The learned counsel for the applicant had applied for the certified copy of impugned judgment on 12.12.2023 and the same was attested on 28.12.2023, but the same was never intimated to the applicant/appellant by its counsel. It has further been averred in the application that the applicant/appellant was not aware that the matter was decided in the year 2023 and the applicant came to know about the decision of the case only in the month of March, 2024. It has further been averred that on closing of the financial year the applicant/appellant inquired from all the counsel/law firms about the pendency of all the cases pending in various forums in the State of H.P. and thus the said fact came to the knowledge of the applicant/appellant It has further been averred in the application that earlier also due to inefÏciency and lackadaisical attitude of the said law firm/counsel, cases were withdrawn from the said law firm namely M/s M.V. Kini & Co. and were allotted to M/s Nishaank Mattoo & Associates vide letter dated 20.09.2023 (Annexure A-2). It has further been averred in the application that the applicant was in bonafide belief that the instant case is pending before the learned District Judge, Bilaspur and due to failure of the counsel/law firm to apprise the status of the cases, delay of 172 days has occurred. It has been contended by the learned counsel for the applicant/appellant that the delay in filing the appeal is neither intentional nor willful and the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant/appellant. Keeping in view the averments as made in the application, which is duly supported by an afÏdavit and keeping in view of the fact that the learned counsel appearing for the respondent No.1 has no objection in case delay is condoned, the present application is allowed and the delay of 172 days in filing the present appeal is condoned. Application stands disposed off. Arb. Appeal No._______2026 (ARBAST No. 31550 of 2024) Appeal be registered. Heard. Admit. Ms. Tanu Sharma, Advocate has put in appearance on behalf of respondent No.2. On 08.04.2026, the appeal was ordered to be abated qua respondent No.1. Record be requisitioned. OMPST No. 34066 of 2024 Be registered. Heard. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicant in the Registry of this Court within a period of eight weeks from today, operation, execution and implementation of impugned judgment dated 18.11.2023, passed by the learned District Judge, Bilaspur, District Bilaspur, and also the arbitral award dated 05.09.2017 shall remain stayed during the pendency of the appeal. The application stands disposed off. ( Romesh Verma) Judge May 05, 2026 ( veena)