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2025 DAILYLAW 9307 (HP)

NHAI v. RAKESH KUMAR AND ANOTHER

OMP/775/2025 · 2025-08-11

Jyotsna Rewal Dua

body2025

Judgment text

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NHAI Vs. Rakesh Kumar & Anr. Arb. A. No. 8/2024 11.08.2025 Present: Ms. Shreya Chauhan, Advocate, for the appellant/non- applicant. Mr. Varun Rana, Advocate, for the respondents/applicants. OMP No. 775/2025 This application has been moved by applicants/respondents No.1 & 2 seeking release of the awarded amount in terms of the decision rendered in Arbitration Appeal No.8/2024 (NHAI Vs. Rakesh Kumar & Anr.) decided on 05.11.2024. Despite grant of repeated opportunities, reply to the application was not filed. The reply was finally filed on 16.07.2025. Upon consideration thereof, following order was passed in the application on 31.07.2025: - “The reply filed by the respondents is evasive. It opposes release of award amount, citing legal opinion pending consideration of authorities. The judgment was delivered on 18.09.2024 and more than 10 months have elapsed. The matter be listed on 11.08.2025, when failing further substantive instructions, the application shall be considered on its own merits.” The position still remains the same. Learned counsel for the appellant/non-applicant admits that the judgment in question has not been assailed till date. That being the admitted position, there is no embargo upon release of the awarded amount in favour of applicants/respondents No.1 & 2. Accordingly, the application is allowed. Amount falling to the respective shares of applicants/respondents No.1 & 2, in terms of the award passed by the learned Arbitrator, is ordered to be released in their favour along with up-to-date interest accrued thereupon. The amount be credited in the bank accounts of applicants/respondents No.1 & 2, details whereof have been appended along with the application. Application to stand disposed of. Jyotsna Rewal Dua Judge 11th August, 2025 (rohit)