Extracted from the PDF above. The PDF is authoritative.
NHAI vs Savitri Devi & Ors.
OMP(M) No.158 of 2024
11.04.2025 Present: Ms. Shreya Chauhan, Advocate, for the
appellant.
Mr. Vinod Kumar, Advocate vice
Mr. Yuyutsu Singh Thakur, Advocate, for
the respondents.
OMP(M) No.158 of 2024 Upon issuance of notices, respondents were represented by Mr. Yuyutsu Singh Thakur, who prayed for time to file reply to the instant application. Matter has been taken up today when, this Court is informed that he does not intend to file a reply to instant application, in view of the fact that delay has already been condoned in identical cases originating from the common Award.
2.
Perusal of the application indicates that delay of 153 days in filing accompanying appeal appear to be bona fide, unintentional and genuine.
Accordingly, the instant application is allowed and delay in filing the instant accompanying appeal is condoned.
The application stands disposed of. OMP No._______ of 2025 Be registered.
2.
Mr. Vinod Kumar, Advocate vice Mr. Yuyutsu Singh Thakur, Advocate, puts in appearance on behalf of the respondents.
3.
The instant application has been filed under Section 9 of Arbitration and Conciliation Act, 1996, for interim measures.
4.
Keeping in view the averments made in the application and the facts culled out in the accompanying appeal, the case for grant of interim protection has been carved out.
5.
Accordingly, subject to the appellant/ applicant [NHAI] depositing entire Award amount alongwith upto date interest, in the Registry of this Court, within four weeks from today; the operation and execution of Impugned Order dated 04.09.2023, passed by Learned District Judge, Bilaspur, in Arbitration Petition No.57 of 2018 and Impugned Award dated 05.09.2017, passed by the Learned Arbitrator- cum-Divisional Commissioner, Mandi, shall remain stayed.
Application stands disposed of.
Arbitration Appeal No.______ of 2025
Be registered.
Mr. Vinod Kumar, Advocate vice Mr. Yuyutsu Singh Thakur, Advocate, puts in appearance on behalf of the respondents. List the matter after four weeks.
(Ranjan Sharma) April 11, 2025
Judge
(Chiranjeev)