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2025 DAILYLAW 20242 (HP)

NHAI v. BISHAN SINGH

OMPM/177/2024 · 2025-01-06

Ranjan Sharma

body2025

Judgment text

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NHAI Versus Bishan Singh OMP(M) No.177 of 2024 06.01.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant-appellant. Sole Respondent ex-parte, vide orders dated 18.12.2024. OMP(M) No.177 of 2024 Upon issuance of notices, since the sole respondent remained un-represented and was proceeded against ex-parte coupled with the fact that there is no opposition to the application and after taking into account the reasons and the cause for delay, which appears to be bonafide, genuine and unintentional and 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 154 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. 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.18 of 2019 and Impugned Award dated 09.07.2018, passed by the Learned Arbitrator-cum-Divisional Commissioner, Mandi, shall remain stayed. Application stands disposed of. Arbitration Appeal No.______ of 2025 5. Be registered. Let fresh notice, in appeal, be issued to Sole Respondent [Bishan Singh], returnable for 27.02.2025, on taking steps within four weeks. List the appeal on 27.02.2025. (Ranjan Sharma) Judge January 06, 2025 [Bhardwaj]