Union of India, Ministry of Transport and Highway, Govt. of India and another Versus Bhuneshwari Devi and others OMP (M) No.447 of 2025 22.11.2025 Present: Mr. Santosh Kumar, Advocate vice Mr. Sumeet Raj Sharma, Advocate, for the applicants-NHAI. Mr. P.K. Verma, Advocate, for respondent No.1. Mr. Sumit Sharma, Deputy Advocate General, for respondents No.2 to 6-State. OMP(M) No.447 of 2025 Union of India, Ministry of Transport and Highway, Govt. of India and National Highways Authority of India [NHAI] have filed instant application under Section 5 of Limitation Act read with enabling provisions, seeking condonation of delay of 155 days in filing the accompanying appeal. 2. Notice was issued to the respondent on 14.11.2025 on this application. Mr. P.K. Verma, Advocate, has put in appearance for respondent No.1 [Bhuneshwari Devi]. Upon listing of this application, Learned Counsel for Respondent No.1 [Bhuneshwari Devi], states that he has no objection to the prayer made in the application for condoning delay in filing the accompanying appeal. Even the Learned State Counsel appearing for Respondents No.2 to 6 has also no objection to the instant application. Statement of Learned Counsel for Respondent No.1 and Learned State Counsel for Respondents No.2 to 6 taken on record. Taking into account the entirety of facts and circumstances and the averments made in the application, which is supported by an Affidavit, coupled with the fact that Respondents No.1 to 6 have no objection, the instant application is allowed and delay of 155 days in filing the accompanying appeal is condoned. Arbitration Appeal No._____ of 2025 Union of India and National Highway Authority of India [NHAI] Versus Bhneshwari Devi, be registered. 3. Instant appeal has been filed under Section 37 of Arbitration and Conciliation Act, 1996 assailing the judgment dated 02.01.2025 passed by Learned District Judge, Mandi, whereby, the objections filed under Section 34 of the Act by the NHAI have been dismissed and Award dated 15.09.2023 passed by Arbitrator-cum-Divisional Commissioner, Mandi, [Annexure P-1] has been affirmed. Heard. Notice. Mr. P.K. Verma, Advocate, and Mr. Sumit Sharma, Learned Deputy Advocate General, accept service of notice on behalf of Respondent No.1 and Respondents No.2 to 6, respectively. In view of the averments made in the appeal and the contentions raised, since arguable points are involved in the appeal, which shall take considerable time hereinafter, therefore, the instant appeal is admitted. List the matter in due course. Parties are free to make application for expeditious hearing, if so desired. As prayed for by Learned Deputy Advocate General, name of Learned Advocate General, representing Respondents No.2 to 6, be reflected in the cause list hereinafter regularly. OMP No.____________of 2025 in Arbitration Appeal No.___________of 2025. Application be registered. 4. Instant application is under Section 36 of Arbitration and Conciliation Act, 1996, read with Order 41 Rule 5 and Section 151 of Code of Civil Procedure, praying for stay of the impugned judgment dated 02.01.2025, passed by the Learned District Judge, Mandi, and the stay of the impugned Award dated 15.09.2023, passed by Arbitrator-cum-Divisional Commissioner, Mandi. Heard. Upon issuance of Post-Admission Notice, Mr. P.K. Verma, Advocate, and Mr. Sumit Sharma, Learned Deputy Advocate General, accept service of notice on behalf of Respondent No.1 and Respondents No.2 to 6, respectively. 5. Upon listing of this application and submissions made, this Court directs that subject to deposit of the entire Award amount alongwith up-to-date interest in the Registry of this Court, within four weeks from today, the operation of execution of Impugned Judgment dated 02.01.2025, passed by Learned District Judge, Mandi, in Arbitration Case No.234 of 2024 and Impugned Award dated 15.09.2023, passed by Arbitrator- cum-Divisional Commissioner, Mandi, qua respondent No.1, shall remain stayed, during the pendency of the appeal. Application stands disposed of accordingly. (Ranjan Sharma) Judge November 22, 2025 [Bhardwaj]