Extracted from the PDF above. The PDF is authoritative.
NHAI Vs Sunder Lal OMP (M) No. 408 of 2026 10.09.2026 Present: Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for the applicant. None for the respondent. Notices issued against the sole respondent, received back after due service. Despite service, no one put appearance.
2. The applicant has filed the accompanying appeal under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’). Since, the appeal has been filed after the prescribed period of limitation, as such, by way of present application, indulgence of this Court has been sought to condone the delay of four years and twenty one days.
3. According to the applicant, the delay has occurred on account of the fact that the decision of the case has not been communicated to the applicant by the firm, which was engaged for pursuing the matter. The application is duly supported by the affidavit of Mr. Varun Chari, Project Director. Along with it, copy of letter dated
23.09.2022, written to M/s Mital & Mital Advocates, has also been annexed.
4. Considering the said averments, which remained unrebutted and uncontroverted, this Court is of the view that the applicant is able to make out a case, for condonation of delay, as the said uncontroverted ground, falls within the definition of ‘sufficient cause’. Consequently, the application is allowed and the delay in filing the appeal is ordered to be condoned. Application stands disposed of. Arb. Appeal No. ______ of 2026
5. Vide order of the even date, passed in OMP(M) No. 408 of 2026, the delay in filing the appeal, has been ordered to be condoned. Appeal be registered.
6. Admit.
OMPST No. 32252 of 2026
7. Considering the fact that the accompanying appeal has been admitted for hearing, which will take sufficient long time, for its disposal, during the pendency of the appeal, the execution of the award dated 22.03.2019 passed in Award No. 749/2015, by the Divisional Commissioner, Mandi, shall remain
stayed, subject to the condition that the applicant appellant shall deposit the entire awarded amount, along with uptodate interest, within a period of eight weeks, from today. The application stands disposed of.
8. Alteration/ modification/ vacation on motion. ( Virender Singh )
Judge 10th September, 2026 (Pramod Kumar)