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High Court of Himachal Pradesh · body

2025 DAILYLAW 1165 (HP)

NHAI v. DHIRAJ SHARMA

OMPM/462/2025 · 2026-03-25

Virender Singh

body2025

Judgment text

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NHAI vs. Dhiraj Sharma OMP(M) No.462 of 2025 25.03.2026 Present: Ms. Ritu Sharma, Advocate, for the applicant. None for the respondent. OMP(M) No.462 of 2025 By way of the present application, indulgence of this Court has been sought to condone the delay of 473 days in filing the accompanying appeal, which has been filed under Section 37 of the Arbitration and Conciliation Act, 1996. 2. The said appeal has been filed against the judgment dated 01.07.2024, passed by the learned District Judge, Mandi, District Mandi, H.P. The delay has mainly been sought to be condoned on the ground that after the decision of the objections under Section 34 of the Arbitration Act by the learned District Judge, Mandi, the applicant was advised by the counsel to prefer the appeal and thereafter, the certified copy of the same has been applied and then, the present appeal has been filed. 3. Application is duly supported by the affidavit of Project Director/NHAI. 4. When, put to notice, the respondent has not opted to put appearance to contest the application. Once, the contents as mentioned in the application remain uncontroverted, then, the delay is required to be condoned. Ordered accordingly. The application stands disposed of. 5. Arbitration Appeal No……..of 2026 6. Vide order of even date, passed in OMP(M) No. 462 of 2025, delay in filing the appeal has been ordered to be condoned. 7. Be registered. 8. Admit. OMPST No.57609 of 2025 9. Application is considered and allowed and execution of the award dated 08.02.2023, passed by the learned Arbitrator, under the National Highways Act, is ordered to be stayed, subject to the condition that the entire awarded amount, along with up to date interest, be deposited within a period of ten weeks from today. Application stands disposed of. (Virender Singh) Judge March 25, 2026 (subhash)