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High Court of Himachal Pradesh · body

2025 DAILYLAW 20113 (HP)

NHAI v. GURMEET SINGH AND OTHERS

OMPM/209/2024 · 2025-05-02

Ranjan Sharma

body2025

Judgment text

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National Highway Authority of India versus Gurmeet Singh & Others OMP(M) No.209 of 2024 02.05.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Yuyutsu Singh Thakur, Advocate, for the respondents. OMP(M) No.209 of 2024 Pursuant to issuance of notice on 21.11.2024, Mr. Yuyutsu Singh Thakur, Advocate, puts in appearance on behalf of the respondents. Upon listing of this application, learned counsel for the respondents informed this Court 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. 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. Accordingly, subject to deposit of the entire Award amount along with up-to-date interest in the Registry of this Court, within four weeks from today; the operation of execution of Impugned Order dated 18.11.2023, passed by Learned District Judge, Bilaspur, in Arbitration Case No.140 of 2018 and Impugned Award dated 13.06.2018, passed by the Learned Arbitrator-cum-Divisional Commissioner, Mandi, shall remain stayed. Application stands disposed of. Arbitration Appeal No.______ of 2025 Be registered. Mr. Yuyutsu Singh Thakur, Advocate, puts in appearance on behalf of the respondents. List the matter after four weeks. (Ranjan Sharma) May 02, 2025 Judge [Shivender]