NATIONAL HIGHWAY AUTHORITY OF INDIA Versus SHRI RAM CHAUHAN OMP(M) No.254 of 2024 25.07.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant-appellant. Mr. Surya Chauhan, Advocate, for the respondent. OMP(M) No.254 of 2024 Instant application has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing the accompanying appeal against the Impugned Judgment dated 01.12.2023, passed in Arbitration Case No.178 of 2018 titled as “NHAI versus Shri Ram Chauhan”. 2. Perusal of application reveals that the delay had occurred, on account of the reasons spelt out in paragraphs 4 and 5 of the instant application i.e. due to negligence of Law Firm concerned, to whom the cases were entrusted, who did not inform the NHAI, about the outcome of aforesaid cases and the orders passed therein. Even the Law Firm, earlier engaged did not hand over the records to NHAI, despite various communications and telephonic conversations, which is clear from letter dated 26.03.2024 [Annexure A-3]. It is averred that it was only in the month of August 2024 that applicant-NHAI procured the records, whereafter the legal opinion was sought and matter was examined at various levels. These factors have resulted in delay, in filing the accompanying appeal. The application is also supported by an affidavit 3. Pursuant to listing of this application, reply has been filed by the non- applicant/respondent, opposing the prayer for condonation of delay, with the averments that inaction of the Law Firm, could not be a ground for condoning the delay. 4. Upon considering the matter in entirety, this Court, is of the considered view, that a litigant should not be made to suffer, due to inactions of the Law Firm concerned, who had kept the applicant/appellant-NHAI in the dark, as in the instant case. 5. Taking into account the entirety of the facts and circumstances, the delay of 199 days in filing the accompanying appeal is condoned. In the aforesaid terms, the instant application stands disposed of. Arbitration Appeal No. of 2025 Be registered. Notice. Mr. Surya Chauhan, Advocate, appears and waives service of notice on behalf of respondent. OMPST No.39338 of 2024 Notice in aforesaid terms. Subject to deposit of the entire Award amount along with up-to-date interest in the Registry of this Court, within six weeks from today; the operation and execution of the Impugned Judgment dated 01.12.2023, passed by Learned District Judge, Bilaspur, District Bilaspur, in Arbitration Case No.789 of 2015 and the Impugned Award dated 15.03.2018, 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. (Ranjan Sharma) Judge July 25, 2025 (Rupsi)