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2025 DAILYLAW 17170 (HP)

NHAI v. Ram Chand

OMPM/269/2025 · 2025-09-09

Satyen Vaidya

body2025

Judgment text

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NHAI vs. Ram Chand OMP(M) No. 269 of 2025 09.09.2025 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the applicant. None for the respondent. Despite service, none has put in appearance for the respondent, hence proceeded against ex-parte. This application has been filed seeking condonation of delay of 329 days in filing the appeal under Section 37 of the Arbitration and Conciliation Act, 1996. It is averred that the delay has occurred on account of alleged acts of non-cooperation by the counsel earlier engaged by the NHAI. There is nothing on record to disbelieve the averments made in the application. Thus, I am satisfied that the delay in filing the appeal has sufficiently been explained for the reasons, which appear to be bonafide. Accordingly, the application is allowed. The delay in filing the appeal is condoned. The application stands disposed of. Arb. Appeal No. /2025 Be registered. Admit. Issue post admission notice to the respondent, returnable for 25.11.2025, on steps being taken within one week. List on 25.11.2025. OMP No. /2025 Be registered. Notice in the aforesaid terms. In the meanwhile, operation of impugned judgment dated 01.07.2024, passed by the learned District Judge, Mandi in Arbitration Case No. 76 of 2023, shall remain stayed, subject to appellant depositing the entire awarded amount along with upto date interest in the Registry of this Court within eight weeks. (Satyen Vaidya) Judge 9th September, 2025 (kck)