National Highway Authority of India versus Vijay Kumar and Others OMP(M) No.171 of 2024 10.10.2025. Present: Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Yuyutsu Singh Thakur, Advocate, for respondents No.1, 2 and 5 to 8. Mr. Ram Lal, Advocate, for respondent No.3. OMP(M) Nos.319 and 320 of 2025 Pursuant to the issuance of notice on these applications, the proposed legal heirs of deceased respondent No.4, namely, Manoj Kumar and Nirmala Devi, are reported to have been duly served. None has put in appearance on their behalf. Accordingly, they are proceedings against ex parte. 2. In view of the above backdrop that notices were issued to the proposed legal heirs, who have not turned up before this Court and are proceeded against ex parte, therefore, both the applications are disposed of in aforesaid terms. OMP(M) No.171 of 2024 Applicant-NHAI, has moved the instant application under Section 5 of the Limitation Act with all enabling provisions, seeking condonation of delay in filing the accompanying appeal under Section 37 of the Arbitration and Conciliation Act, 1996. 2. Pursuant to issuance of notice on this application on 14.11.2024, Learned Counsel(s) appearing for the respondents [except respondent No.4 and his legal heirs] state that they do not intend to file any response to the aforesaid application. 3. Taking into account the averments made in the application in Para 4 to 6 of the application, this Court is of the considered view that delay in filing the accompanying appeal is unintentional and is bona fide and is for the reasons attributable to earlier law-firm in which the present applicant- NHAI cannot be made to suffer. Application is supported by an affidavit. 4. Accordingly, the delay of 153 days, in filing the accompanying appeal under Section 37 of the Arbitration and Conciliation Act, is condoned. The application stands disposed of. Arbitration Appeal No.____ of 2025 Appeal be registered. 2. Mr. Yuyutsu Singh Thakur, Advocate and Mr. Ram Lal, Advocate, have put in appearance on behalf of respondents No.1, 2 and 5 to 8 and respondent No.3, respectively. 3. Let fresh notice be issued the legal heirs of deceased respondent No.4, returnable in four weeks, on taking steps within three days. List the matter after four weeks. OMP No. _____ of 2025 Application be registered. 2. Instant application is under Section 9 of the Arbitration and Conciliation Act, 1996, praying for stay of the impugned judgment dated 18.11.2023, passed by the Learned District Judge and the stay of the impugned Award dated 13.06.2018, passed by the Learned Divisional Commissioner-cum-Arbitrator, Mandi Division Mandi. 3. Perusal of the accompanying appeal indicates that the arguable points are involved in the accompanying appeal. However, keeping in view the averments made in the application and the facts culled out in the accompanying appeal, the case for interim protection is carved out. 4. 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 of execution of Impugned Order dated 18.11.2023, passed by Learned District Judge, Bilaspur, in Arbitration Case No.142 of 2018 and Impugned Award dated 13.06.2018, passed by the Learned Arbitrator-cum- Divisional Commissioner, Mandi, shall remain stayed. Application stands disposed of. (Ranjan Sharma) October 10, 2025 Judge [Shivender]