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High Court of Himachal Pradesh · body

2025 DAILYLAW 21774 (HP)

NATIONAL HIGH WAY AUTHORITY OF INDIA v. BANTI DEVI AND ANOTHER

OMPM/307/2024 · 2025-06-20

Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

National Highway Authority of India versus Banti Devi & anr. OMP(M) No.307 of 2024 20.06.2025 Present: Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for the applicant-appellant. Mr. Hitender Verma, Advocate vice Mr. Prashant Sharma, Advocate, for the respondents. OMP(M) No.307 of 2024 Instant application has been filed under Section 5 of Limitation Act seeking condonation of 146 days of delay in filing the instant appeal. 2. Perusal of Paras 3 to 5 of the instant application indicate that judgment under Section 34 of the Arbitration and Conciliation Act, 1996, was passed by the Court on 18.11.2023 but the applicant- appellant was not informed of the passing of the judgment by the concerned counsel/law-firm representing the applicant-appellant/NHAI. It is also mentioned in the application that due to the inefficiency or improper attitude of the aforesaid Law- Firm, NHAI-applicant withdrew all the pending cases from the aforesaid Firm. 3. Perusal of Para 5 of the application further indicates that after withdrawal of cases from the Law-Firm concerned, the records were finally transmitted to the new counsel, in the month of August, 2024, thereafter, the accompanying appeal was drafted and got vetted and was finally filed before this Court along with present application seeking condonation of 146 days of delay in filing the accompanying appeal. 4. At the very outset, Learned counsel for non- applicants/respondents states on instructions that he has no objection to allowing of the instant application [Statement Taken on Record]. 5. Taking into account the entirety of the facts and circumstances as mentioned in Paras 3 to 5 of the application, which are supported by an affidavit coupled with the fact that there is no objection to the said application by the non-applicants/Respondents, the instant application is allowed and the delay of 146 days in filing the accompanying appeal is condoned. Application stands disposed of. Arbitration Appeal No._____ of 2025 Appeal be registered. List the matter after two weeks. (Ranjan Sharma) June 20, 2025 Judge [Shivender]