NSL Masli Power Generation Power Ltd. Vs. Bhagat Singh (deceased) through LRs and Ors. CMP(M) No.1606 of 2023 28.10.2025 Present: Ms. Shalini Thakur, Advocate, for the applicant- appellant. Respondents No.1(a) to 1(e), 2 & 6(a) to 6(e) already ex-parte. Mr. B.M. Chauhan, Senior Advocate with Ms.Kamakshi Tarlokta Advocate, for respondents No.3(a) to 3(d). Mr. Manoj Chauhan, Additional Advocate General, for respondents No.4 and 5/State. CMP(M) No.1606 of 2023 The present application has been filed by the applicant-appellant under Section 5 of the Limitation Act. 2. It has been averred in the application that the applicant-appellant came to know about passing of the impugned award only in the month of September, 2023, when Chief Executive Engineer, Himurga, Shimla sent a notice for execution of the impugned award, which was passed without impleading the applicant-appellant as party and it was not aware about passing of the same. 3. In the replies filed by the contesting respondents, they have opposed the averments made in the application. 4. I have heard the learned counsel for the appearing parties and also gone through the material available on record. 5. Admittedly, the impugned award dated 13.04.2018 was passed without impleading the applicant-appellant as party and it came to know about passing of the award only in the month of September, 2023, when the Chief Executive Engineer, Himurga, Shimla sent a notice for execution of the impugned award and thereafter the appeal was immediately filed on 21.10.2023. 6. The applicant-appellant has shown sufficient cause for not preferring the appeal within the period of limitation and the delay caused is neither intentional nor deliberate. Therefore, the instant application, which is duly supported with the affidavit of Shri Ghanshyam Thakur, authorized representative of the applicant-appellant, is allowed and the delay in filing the appeal is condoned. 7. The application stands disposed of. CMP No.17358 of 2023 8. Since there are arguable points involved in the appeal, hence, leave to appeal is granted. The application stands disposed of. RFA No.____/202 5 ( RFA/33447/20 23 9. Appeal be registered. 10. Notice. Ms. Kamakshi Tarlokta, Advocate and Mr.Manoj Chauhan, learned Additional Advocate General, accept notice on behalf of respondents No.3(a) to 3(d) and respondents No.4 & 5, respectively. 11. Let notice be issued to respondents No.1(a) to 1(e), 2 and 6(a) to 6(e), returnable within four weeks, on taking steps within a period of two days. List on 28.11.2025. ( Sushil Kukreja ) Judge October 28, 2025 (V.Himalvi)