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2025 DAILYLAW 20280 (HP)

NHAI v. HET RAM AND ANOTHER

OMPM/216/2024 · 2025-09-03

Satyen Vaidya

body2025

Judgment text

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NHAI vs. Het Ram & another OMP(M) No.216 of 2024 03.09.2025 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant. Mr. Yuyutsu Singh Thakur, Advocate, for respondent No.1. OMP(M) No.216 of 2024 Application has not been opposed by the respondent. The prayer in the application is to condone the delay of 172 days in filing the appeal under Section 37 of the Arbitration and Conciliation Act, 1996. The contents of the application reveal that the reasons for delay have been attributed to the acts of omission and commission on the part of counsel earlier engaged by the applicant-National Highway Authority of India. The contents of the application are duly supported by an affidavit and further since such contents have not been disputed by the respondent, there is nothing on record to disbelieve the version of the applicant. Accordingly, the application is allowed. Delay in filing the appeal is condoned. Application is accordingly disposed of. Arb. Appeal No._______ of 2025 Appeal be registered. Admit. Issue post admission notice. Mr. Yuyutsu Singh Thakur, Advocate, appears and waives service of notice on behalf of respondent No.1. Separate post admission notice be issued to respondent No.2(a), returnable on 19th November, 2025, on taking steps within one week. List in due course. OMP No._______ of 2025 Application be registered. Learned counsel for the respondent under instructions submits that he does not intend to file any reply to the application. Accordingly, the application is disposed of with direction that operation of impugned order dated 18.11.2023, passed by Learned District Judge, Bilaspur, District Bilaspur, H.P. in Arbitration Petition No.6 of 2018, shall remain stayed during the pendency of appeal, subject to the applicant/appellant depositing the entire award amount along with up-to-date interest accrued thereon in the Registry of this Court within eight weeks. ( Satyen Vaidya ) Judge September 03, 2025 (vt)