Extracted from the PDF above. The PDF is authoritative.
NHAI Vs. Lal Singh (Deceased) through LRs OMP(M) No.124 of 2023 03.07.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant/appellant.
Mr. Suneet Verma, Advocate, for respondents No.1(a) to 1(f).
OMP(M) Nos.263 and 264 of 2024
Sh. Suneet Verma, learned counsel has put in appearance for the proposed legal representatives of the deceased respondent and has explained the reasons for his non-appearance before the learned Additional Registrar (Judicial).
2. In view of submissions made by learned counsel appearing for the proposed legal representatives, they are permitted to participate in the present proceedings. Order dated 25.04.2025 is recalled to that extent.
3. These applications have been moved under Order 22 Rule 4 & 9 read with Section 151 C.P.C. for bringing on record legal representatives of deceased respondent-Lal Singh and also under Section 5 of the Limitation Act for condoning the delay in moving the application.
Sole respondent-Lal Singh is stated to have died on 23.04.2021. His death certificate has been placed on record. In terms of the averments made in the application, the deceased had left behind the legal representatives as detailed in para 3 of the application.
The applicant has cogently explained the delay in moving the application. The application and the prayers made herein are not opposed by the learned counsel appearing for the legal heirs of deceased respondent.
4. In view of the above, these applications are allowed. Delay in moving the application for bringing on record the legal representatives of deceased respondent is condoned. Abatement, if any, is set aside. Legal representatives of deceased respondent, detailed in para 3 of the application, are ordered to be brought on record as respondents No.1(a) to 1(f). Amended memo of parties be filed within a week. Registry is directed to carry out necessary corrections in the cause title.
The application stands disposed of.
OMP(M) No.124 of 2023
5.
Learned counsel for the non-applicant/ respondent has not filed reply to the application.
Learned counsel for the applicant/appellant has placed on record copies of orders passed in different OMP(M)s in different cases instituted by the applicant/appellant involving the same judgment, wherein the delay in filing the appeal has been condoned.
6. In view of the orders already passed in the similar matters and also taking into consideration the averments made in the application, it would be in the interest of
justice, in case the delay in filing the appeal is condoned and the appeal is decided on merits. Accordingly, the application is allowed. Delay in filing the appeal is condoned.
The application stands disposed of.
Arb. Appeal No. of 2025
7. Be registered.
List for consideration after six weeks.
OMP No. of 2025 (OMPST No.10031/2023)
8. Be registered.
Notice. Mr. Suneet Verma, learned counsel, appears and waives service of notice on behalf of respondents No.1(a) to 1(f).
9.
Learned counsel for the non-applicants/ respondents has no objection for allowing the prayer in the application. Subject to deposit of entire awarded amount alongwith up-to-date interest in the Registry of this Court within a period of six weeks, the execution and operation of impugned award dated 04.12.2021 passed by the learned District Judge, Mandi in Arbitration Case No.122 of 2018, shall remain stayed.
Parties are, however, at liberty to seek modification/alteration of the order.
The application stands disposed of.
OMP No.1033 of 2024
The application is disposed of with a direction to the applicant/appellant to file English translation of the annexure in issue within a period of six weeks from today.
Jyotsna Rewal Dua July 03, 2025
Judge
Mukesh