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2025 DAILYLAW 2427 (HP)

NHAI v. Mohit Kumar AND ANR

OMPM/437/2025 · 2026-01-06

Ranjan Sharma

body2025

Judgment text

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National Highway Authority of India versus Mohit Kumar and another OMP(M) No. 437 of 2025 06.01.2026 Present: Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Rahul Gathania, Advocate, for respondent No.1. Mr. S.D. Vasudeva, Deputy Advocate General for respondent No.2-State. OMP(M) No. 437 of 2025 Pursuant to issuance of notice on 19.11.2025, Mr. Rahul Gathania, Advocate, has put in appearance on behalf of respondent No.1 [Mohit Kumar]. 2. Upon listing of the case, Learned Counsel does not oppose the prayer made in the application. Even otherwise, substantive rights of the parties herein are to be adjudicated in the accompanying appeal, which cannot be defeated on the technical ground of delay. 3. Taking into account the averments made in the application, which are supported by an affidavit, delay of 64 days in filing the accompanying appeal is condoned. Application stands disposed of. Arbitration Appeal No._______of 2025 4. Be registered. 5. Notice. Mr. Rahul Gathania, Advocate, and Mr. S.D. Vasudeva, Learned Deputy Advocate General accept notice on behalf of respondents No. 1 & respondent No.2, respectively. 6. List the matter in the week commencing from 2nd March, 2026. OMPST No.45680 of 2025 7. Be registered. 8. Instant application has been filed by the applicant under Section 36(3) of the Arbitration and Conciliation Act, 1996 for interim directions. 9. Notice. Mr. Rahul Gathania, Advocate, and Mr. S.D. Vasudeva, Learned Deputy Advocate General accept notice on behalf of respondents No. 1 & respondent No.2, respectively. 10. Taking into account the facts and the submissions and to safeguard the rights of the parties hereinabove the interim order is passed in this application 11. Subject to deposit of entire Award amount along with statutory interest and accruals in the Registry of this Court, within six weeks from today, the operation and execution of Impugned Judgment dated 07.03.2025, passed by Learned District Judge, Mandi, in CIS Registration No. 343 of 2024, and stay the Impugned Award dated 28.09.2023, passed by Arbitrator-cum-Divisional Commissioner, Mandi, shall remain stayed, during the pendency of the appeal. Application stands disposed of accordingly. 6th January, 2026 (Ranjan Sharma) (himani] Judge