NHAI vs. Liladhar OMP(M) No.40 of 2026 12.05.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant. OMP (M) No.40 of 2026 Notice issued to the respondent, received back after due service. Despite service no one has bothered to put appearance. Further wait is not justifiable. As such, respondent is proceeded against ex-parte. By way of the present application, indulgence of this Court has been sought by the applicant to condone the delay in filing the accompanying appeal, under Section 37 of the Arbitration and Conciliation Act. As per the application, there is delay of 378 days. Since, the appeal has been filed after the prescribed period of limitation, as such, the present application has been moved to condone the delay. The delay has mainly been sought to be condoned on the ground that on account of administrative exigencies, the matter has been dealt with on various levels, as such, the appeal could not be filed within the prescribed period of limitation. The application is supported by the affidavit of Project Director, NHAI. The factual position, as mentioned, in the application has not been controvered by the respondent, by putting appearance, despite service of the notice. Meaning thereby, the stand, as taken in the application has remained uncontroverted. Considering the said stand, this Court is of the view that the applicant is able to make out a case for condoning the delay, as the stand, which has remained uncontroverted falls within the definition of ‘sufficient cause’. Consequently, the application, under consideration, is allowed and the delay in filing the appeal is ordered to be condoned. The application stands disposed of. Arbitration Appeal No…….of 2026 Be registered. Admit. OMPST No.64731 of 2026 The accompanying appeal has been admitted, which will take sufficient long time, as such, during the pendency of the appeal, the execution of the award dated 10.02.2022, passed by the learned Arbitrator-cum-Divisional Commissioner Mandi, Division Mandi, is ordered to be stayed, subject to deposit of the entire awarded amount, along with upto date interest. The application stands disposed of. Modification/alteration/ vacation on motion. (Virender Singh) Judge May 12, 2026 (subhash)