Extracted from the PDF above. The PDF is authoritative.
National Highway Authority of India versus Lekh Ram & Ors.
OMP(M) No.178 of 2024
12.09.2025. Present: Ms. Sneh Bhimta, Advocate vice
Ms. Shreya Chauhan, Advocate, for the
applicant-appellant.
Mr. Malay Kaushal, Advocate, for the
respondents.
OMP(M) No.178 of 2024
Applicant-appellant-NHAI has filed the instant application under Section 5 of the Limitation Act, seeking condonation of 224 days of delay in filing the accompanying appeal, assailing the impugned
judgment dated 06.10.2023, passed by the Learned District Judge Bilaspur, upholding the Award dated 15.03.2018 passed by Learned Arbitrator-cum- Divisional Commissioner, Mandi.
2.
Notice on this application was issued to the non-applicants/respondents.
3.
Upon service Mr. Malay Kaushal, Learned Counsel has put in appearance on behalf of the respondents.
4.
On instructions, Mr. Malay Kaushal,
Learned Counsel states that he does not intend to file any reply to the application seeking condonation of delay in filing the accompanying appeal.
5.
Taking into account the averments made in the application, which is supported by an affidavit and the no objection granted by Learned Counsel for the respondents, the instant application is allowed and the delay in filing the appeal is condoned.
The application stands disposed of. Arbitration Appeal No._____ of 2025 [ARBAST No.31328 of 2024]
Appeal be registered.
Heard.
Notice. Mr. Malay Kaushal, Learned Advocate, accepts notice on behalf of the respondents.
List the matter after four weeks.
OMP No._____ of 2025 [OMPST No.33835 of 2024]
Be registered.
2.
Instant application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying for staying the operation of the impugned judgment dated 06.10.2023 passed by the Learned District Judge, Bilaspur, whereby the Impugned Award dated 15.03.2018 in Case No.905 of 2016, passed by Learned Arbitrator-cum-Divisional
Commissioner, Mandi Division, Mandi, Himachal Pradesh, was upheld.
3.
Learned Counsel for the non- applicants/respondents on instructions state that he has no objection, to the prayer for stay. Moreover, material on record reveals that arguable points are involved in accompanying appeal.
Accordingly, the execution of the
Judgment dated 06.10.2023, passed by the Learned District Judge, Bilaspur, as also the Impugned Award dated 15.03.2018, passed in Case No.905 of 2016 by the Learned Arbitrator-cum-Divisional Commissioner, Mandi Division, Mandi, Himachal Pradesh, shall remain stayed, subject to the applicant-appellant/NHAI, depositing the entire Award Amount, along with all statutory interest(s) up-to-date in the Registry of this Court within four weeks from today.
The application stands disposed of.
(Ranjan Sharma) September 12, 2025
Judge [Shivender]