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2025 DAILYLAW 8827 (HP)

NHAI v. SITA RAM AND OTHERS

ARB.A/328/2025 · 2025-09-25

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Appeal No.328 /2025 Date of Decision: 25th September, 2025. NHAI .....Appellant. Versus Sita Ram and Others …..Respondents. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Appellant: Ms. Shreya Chauhan, Advocate. For the Respondents: Mr. Ashok Sharma, Advocate. Bipin Chander Negi, Judge (oral). The instant appeal has been filed against the order dated 13.06.2024 passed by the learned District Judge, Bilaspur in Arbitration Case No. 185 of 2023, whereby the application for condonation of delay, filed by the appellant herein, in filing the objections under Section 34 of the Arbitration and Conciliation Act has been dismissed. 2. Heard counsel for the parties and perused the pleadings. 3. The impugned order reveals that the application for condonation of delay was filed under Section 5 of the Limitation Act by the appellant herein beyond the period prescribed under Section 34(3) of the Arbitration and 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 Conciliation Act, 1996. From the grounds of appeal also it is not suggested that such findings of fact are incorrect. That being so, no fault can be found in the impugned order passed by the learned District Judge, Bilaspur, as it is well settled that the delay beyond the period prescribed under Section 34(3) of the Arbitration and Conciliation Act cannot be condoned by any authority or Court. 4. In result, there is no merit in the instant appeal and the same is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge 25th September, 2025 (Gaurav Rawat)