National Highway Authority of India versus Rattan Lal OMP(M) No.98 of 2025 04.12.2025. Present: Mr. Sumit Raj Sharma, Advocate, for the applicant. Mr. Suresh Saini, Advocate, for the respondent. OMP(M) No.98 of 2025 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 18.07.2024, Mr. Suresh Saini, Learned Counsel appears for the Sole Respondent [Rattan Lal]. Upon listing of the application today, there is no serious opposition of the prayer for condoning the delay in filing the appeal. In addition, a perusal of the averments made in the application which are supported by an affidavit indicate that after obtaining the copy of the judgment, effective steps were taken for pursuing the remedy of appeal. In view of the fact that it is a institution matter the preparation, drafting and filing of appeal had to be undertaken at various levels which led to delay in filing the accompanying appeal. It is also averred that delay in filing the accompanying appeal is not intentional and is bonafide for the reasons recorded herein above, which is supported by an affidavit. Taking into account, the entirety of the facts and circumstances, the delay of 124 days in filing the accompanying appeal is condoned and application stands disposed of accordingly. Arbitration Appeal No.____ of 2025 Appeal be registered. 3. National Highway Authority of India- appellant has filed the instant appeal under Section 37 of the Arbitration and Conciliation Act assailing the judgment dated 01.08.2024 passed by Learned District Judge, Mandi, in case No. 174 of 2023, whereby, the objections under Section 34 of Arbitration and Conciliation Act filed by NHAI were dismissed and the Award dated 15.02.2023, [Annexure A-2] was upheld. 4. Besides other grounds, the primary ground taken in the appeal is that the statutory benefits have been granted to the respondent in terms of the judgment in the case of Union of India versus Tarsem Singh and others (AIR 2019] SC 4869 and the authorities concerned have filed the review petition i.e Review Petition Diary No(s). 44096/2025 is pending before Hon’ble Supreme Court. Heard. Notice. Mr. Suresh Saini, Advocate, accepts service of notice on behalf of the sole respondent. List the matter after four weeks. In the meantime, record be also requisitioned. OMP No. _____ of 2025 Application be registered. 5. 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 01.08.2025, passed by Learned District Judge, Mandi, and the stay of the Impugned Award dated 15.02.2023, passed by Arbitrator-cum- Divisional Commissioner, Mandi. Heard. Notice. Taking into account the grounds of appeal and the contentions raised before this Court is of the view that arguable points are involved which requires considera 6. Upon issuance of notice on this application, Mr. Suresh Saini, Learned Counsel, accepts service of notice on behalf of Sole respondent, who does not seriously opposed the prayer made in the application in the case the rights of the respondents-non-applicants are taken care of. 7. Taking into account the facts and the submissions and to safeguard the rights of the parties hereinabove the interim order is passed in this application subject to deposit of entire Award amount alongwith statutory interest and accruals in the Registry of this Court, within six weeks from today, the operation and execution of Impugned Judgment dated 01.08.2024, passed by Learned District Judge, Mandi, in Arbitration Case No.174 of 2023 and Impugned Award dated 15.02.2023, passed by Arbitrator-cum-Divisional Commissioner, Mandi, shall remain stayed, during the pendency of the appeal. Application stands disposed of accordingly. (Ranjan Sharma) December 04, 2025 Judge [G.M]