Extracted from the PDF above. The PDF is authoritative.
NHAI Versus HIMACHALI DEVI
OMP(M) No.320 of 2024
25.07.2025 Present: Mr. Sumit Raj Sharma, Advocate, for the applicant-appellant.
Mr. Surender Verma, Advocate, for the respondent.
OMP(M) No.320 of 2024
Applicant-NHAI has filed the instant application, under Section 5 of the Limitation Act seeking condonation of 30 days delay in filing the accompanying appeal under Section 37 of the Arbitration and Conciliation Act.
Upon issuance of notice on this application on 18.12.2024, Mr. Surender Verma, Advocate has put in appearance on behalf of non-applicant/sole respondent-Himachali Devi and has filed reply to this application.
Taking into account the entirety of the facts and circumstances, coupled with the fact that the application for delay is supported by an affidavit and the same spells out the reasons for delay, which are attributable to administrative exigencies, therefore, in the interest of justice, 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.
Instant application has been filed under Section 36 read with Order 41 Rule 5 CPC read with Section 151 CPC for seeking stay of the impugned judgment dated 04.06.2024 and Award dated 17.10.2022 passed by the Arbitrator.
3.
Mr. Surender Verma, Advocate, has put in appearance on behalf of the respondent. He does not intend to file any reply to this application.
4.
Keeping in view the averments made in the application and the facts culled out in the accompanying appeal, the applicant has made out a case for grant of interim protection.
5.
Accordingly, subject to deposit of the entire Award amount along with up-to-date interest in the Registry of this Court, within four weeks from today; the operation and execution of the Impugned Judgment dated 04.06.2024, passed by Learned District Judge, Mandi Division, District
Mandi, in Arbitration Case No.99 of 2023 and the Impugned Award dated 17.10.2022, 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.
List the appeal after six weeks, to have an update of the deposit of Award amount with statutory interests.
(Ranjan Sharma)
Judge July 25, 2025 (Rupsi)