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2025 DAILYLAW 35640 (HP)

NHAI v. PRAKASH CHAND

OMPM/77/2024 · 2025-12-02

Ranjan Sharma

body2025

Judgment text

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National Highway Authority of India versus Prakash Chand & Others OMP(M) No.77 of 2024 02.12.2025. Present: Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for the petitioner. Mr. Yuyutsu Singh Thakur, Advocate, for the respondents. OMP(M) No.38 of 2025 & OMP(M) No.39 of 2025 Appellant-NHAI, has filed these applications under Order 22 Rule 4 & 9 read with Section 151 of the Code of Civil Procedure for bringing on record the legal heirs of deceased respondent No.1-Prakash Chand, who is stated to have died on 07.06.2023, after condoning the delay in filing the accompanying application. Pursuant to issuance of notice on these applications on 21.03.2025, the legal heirs as mentioned in Para 3, stand duly served. They are represented by Mr. Yuyutsu Singh Thakur, Advocate. Upon listing of these applications, Learned Counsel appearing for the legal heirs, states that he has no objection to the prayers made in the application. Accordingly, the instant applications are disposed of and the legal heirs are brought on record who are duly represented after condoning the delay in filing the accompanying appeal. Registry to carry out necessary correction in the Memo of Parties. Amended Memo of Parties be filed within four weeks. Application stand disposed of. OMP(M) No.77 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 Mr. Yuyutsu Singh Thakur, Learned Counsel for the respondents states that he does not intend to file any response to the aforesaid application. 3. Taking into account the averments made in the application, supported by an affidavit, this Court is of the considered view that 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. Heard. Notice. Mr. Yuyutsu Singh Thakur, Advocate, puts in appearance on behalf of the respondents. As prayed for, list the matter after four weeks. OMP No. _____ of 2025 Application be registered. Instant application is under Section 9 of the Arbitration and Conciliation Act, 1996, praying for stay of the impugned judgment dated 04.09.2023, passed by the Learned District Judge, Bilaspur and the stay of the impugned Award dated 05.09.2017 passed by the Learned Divisional Commissioner- cum-Arbitrator, Bilaspur. 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. 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 04.09.2023, passed by Learned District Judge, Bilaspur, in Arbitration Case No.62 of 2018 and Impugned Award dated 05.09.2017, passed by the Learned Arbitrator-cum-Divisional Commissioner, Bilaspur, during the pendency of appeal, qua the respondents, shall remain stayed. Application stands disposed of. OMP No.166 of 2025 In view of the averments made in the application, the instant application for exemption from filing English Translation of Annexure A-1, is allowed, subject to all just and legal exceptions. The application stands disposed of. (Ranjan Sharma) December 02, 2025 Judge [Shivender]