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2025 DAILYLAW 22109 (HP)

NATIONAL HIGH WAY AUTHORITY OF INDIA v. SHREE RAM AND OTHERS

OMPM/311/2024 · 2025-07-25

Ranjan Sharma

body2025

Judgment text

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NATIONAL HIGH WAY AUTHORITY OF INDIA Versus SHREE RAM AND OTHERS OMP(M) No.311 of 2024 25.07.2025 Present: Mr. Shreya Chauhan, Advocate, for the appellant. Mr. Malay Kaushal, Advocate for respondents No.1 & 2. OMP(M) No.311 of 2024 Pursuant to issuance of notice on 03.03.2025, Mr. Malay Kaushal, Advocate, has put in appearance on behalf of respondents No.1 & 2. 2. Upon listing of this application, Learned Counsel for the non-applicants-respondents, states that he does not intend to file a reply to instant application. Moreover, this Court has condoned the delay in identical cases involving same subject land originating from the same/similar Award(s). 3. Otherwise also, a perusal of the application indicates that delay of 145 days in filing the accompanying appeal appears to be bona fide, unintentional and genuine. The application is supported by an affidavit also. 4. Accordingly, the instant application is allowed and the delay in filing the accompanying appeal is condoned. The application stands disposed of. OMP No._________ of 2025 Be registered. 2. The instant application has been filed under Section 9 of Arbitration and Conciliation Act, 1996, for interim measures. 3. Mr. Malay Kaushal, Advocate, has put in appearance on behalf of respondents No.1 & 2. He states that no reply is intended to be filed, except that the interests of non-applicant/respondent may be safeguarded by directing that the amount awarded by Learned Arbitrator may be directed to be deposited in this Court, so as to earn interest on the said amount. 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 statutory interest and other accruals, if any, in the Registry of this Court, within four weeks from today; the operation and execution of the Impugned Judgment dated 15.12.2023, passed by Learned District Judge, Bilaspur, District Bilaspur, [HP] in Arbitration Case No.24 of 2019 and Impugned Award dated 09.07.2018, passed by Learned Arbitrator-cum-Divisional Commissioner, Mandi, shall remain stayed. Registry is directed to ensure that the deposited amount be kept in FDR(s), accruing highest interest as per norms. Application stands disposed of. Arbitration Appeal No. of 2025 Be registered. Mr. Malay Kaushal, Advocate, has put in appearance on behalf of respondents No.1 & 2. List the matter after four weeks, for compliance qua deposit of Award amount in terms of the order passed today. (Ranjan Sharma) Judge July 25, 2025 (Rupsi)