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2025 DAILYLAW 37525 (HP)

NATIONAL HIGHWAY AUTHORITY OF INDIA v. KRISHAN CHAND

OMPM/300/2024 · 2025-11-06

Ranjan Sharma

body2025

Judgment text

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National Highway Authority of India Versus Krishan Chand OMP(M) No.300 of 2024 06.11.2025. Present: Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for the applicant-appellant. Ms. Kiran, Advocate vice Mr. Yuyutsu Singh Thakur, Advocate, for the respondent. OMP(M) No.300 of 2024 Instant application has been fled under Section 5 of the Limitation Act seeking condonation of 150 days’ of delay in filing the accompanying appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996. 2. Pursuant to issuance of notice to the sole respondent [Krishan Chand], Ms. Kiran, Advocate puts in appearance as Vice-Counsel for Mr. Yuyutsu Singh Thakur. She submits that no reply is intended to be filed to the instant application. 3. Perusal of the application indicates that the judgment was passed by the District Judge, Bilaspur on 27.12.2023 and copy was applied on 16.01.2024. In Para 3, it is averred that the Learned Counsel appearing for NHAI-applicant, did not inform the authorities about the outcome of the litigation and due to the inefficiency and lackadaisical attitude of the Law-Firm/Counsel/ M/s M.V. Kini & Co. numerous cases, which were pending in District Mandi and District Bilaspur were withdrawn from the aforesaid Law-Firm and were allotted to another Law-Firm. In Para 4 of the application, it is stated that on account of the negligence of the Counsel/Law-Firm, the delay had occurred in filing the accompanying appeal. It is averred that the applicant-NHAI acquired knowledge on 26.03.2024 [Annexure A-3] about the fate of the case, whereafter the records were finally procured in August, 2024 and thereafter the matter was taken up at various levels including Regional Office of National Highway Authority of India. It is averred that the present counsel record the papers in September, 2024 and thereafter the accompanying appeal was drafted, got vetted and was filed on 24.09.2024. In this backdrop, it is stated that the delay is bonafide and not intentional and therefore, the delay may be condoned. The application is supported by an affidavit also. 4. Taking into account the averments made in Paras 3 to 7 of the instant application coupled with the fact that a litigant should not suffer for negligence or inaction of the Counsel as in this case and the fact that there is no opposition to the prayer made in the application and in totality of circumstances and to meet the ends of justice, the delay in filing the accompanying appeal is condoned. In aforesaid terms, instant application, is disposed of, accordingly. ARBITRATION APPEAL NO.____/2025 & OMP NO._____ OF 2025 Be registered. List the matter for admission next week. (Ranjan Sharma) November 06, 2025 Judge [Shivender]