NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT MANDI v. RAJINDER KUMAR AND OTHERS
OMPM/287/2024 · 2025-11-03
Satyen Vaidya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29527 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29527 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
NHAI vs. Rajinder Kumar & others
OMP(M) No. 287 of 2024
03.11.2025 Present: Ms. Shreya Chauhan, Advocate, for the petitioner. Mr. Yuyutsu Singh Thakur, Advocate, for respondents N. 2, 3 and 5. OMP No. 1376 of 2025
No reply is sought to be filed on behalf of the contesting respondents. Accordingly, the application is allowed for the reasons stated therein. Name of respondent No.6 is ordered to be deleted from the array of the respondents. Amended memo of parties has been filed and is taken on record. The application stands disposed of. OMP(M) No. 287 of 2024
No reply has been filed to the application by the contesting respondents. By way of this application, a prayer has been made for condoning the delay of 143 days in filing the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment dated 18.11.2023, passed by the learned District Judge, Bilaspur in Arbitration Case No. 106 of 2019. It is averred that the factum of judgment dated 18.11.2023 having been passed by the learned
District Judge, Bilaspur in Arbitration Case No. 106 of 2019 was not brought to the notice of the applicant by the law firm/counsel engaged by it. It has further been stated that in about 362 cases, miscommunication/ non-communication had taken place from the side of earlier law firm/counsel engaged by the applicant and as a result thereof, all such cases had to be withdrawn from the side of law firm namely M/s M.V. Kini & Co. and were thereafter assigned to another law firm named M/s Nishaank Matoo & Associates. The application is duly supported by an affidavit of the competent authority. Since, there is no opposition to the averments made in the application. therefore, there is nothing before the Court to disbelieve such averments. Accordingly, the application is allowed. The delay in filing the appeal is condoned. The application stands disposed of. Arb. Appeal No. /2025
Appeal be registered. Admit. Issue post admission notices to the respondents. Mr. Yuyutsu Singh Thakur, accepts notice on behalf of respondents No. 2, 3 and 5. Separate notice be issued to respondents No. 1, 4 and
7, returnable on 10.12.2025, on steps being taken within three days. OMP No. of 2025
Be registered. Notice. Mr. Yuyutsu Singh Thakur, accepts notice on behalf of respondents No. 2, 3 and 5.
Separate notice be issued to respondents No. 1, 4 and 7, returnable on 10.12.2025, on steps being taken within three days. In the meanwhile, operation of impugned judgment dated 18.11.2023, passed by the learned District Judge, Bilaspur in Arbitration Case No. 106 of 2019 shall remain stayed, subject to the applicant/ appellant depositing the entire award amount along with upto date interest accrued thereon in the Registry of this Court, within six weeks from today. List on 10.12.2025. (Satyen Vaidya)
Judge 3rd November, 2025
(kck)