NHAI Vs Dharma Devi OMP(M) No. 38 of 2026 11.05.2026 Present: Ms. Ritu Raj Sharma, Advocate, vice Mr. Sumeet Raj Sharma, Advocate, for the appellant. Notice issued against the sole respondent received back after due service. Waited sufficiently. Further wait is not justifiable. 2. The applicant has filed the accompanying appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against the judgment dated 04.06.2024, passed by the Court of learned District Judge, Mandi, H.P., in Arbitration Case No. 102 of 2023, titled as “NHAI Versus Dharma Devi”. 3. Vide judgment dated 04.06.2024, learned District Judge, Mandi, has dismissed the objections filed by the applicant under Section 34 of the Arbitration and Conciliation Act. Since, the appeal has been preferred after the prescribed period of limitation, as such, present application has been filed for condonation of delay of 436 days in filing the accompanying appeal. 4. The delay has been sought to be condoned, mainly, on the ground, that after the decision of the case by the learned District Judge, Mandi on 04.06.2024, certified copy was applied on 09.08.2024. The said certified copy was prepared and delivered on 31.08.2024. However, according to the applicant, due to inadvertence and oversight, the certified copy was misplaced and could not be traced, despite best efforts of the applicant. Later on, the said certified copy was traced and thereafter, the steps for filing of the appeal have been taken. Application is duly supported by the affidavit of the Project Director. 5. Notice of the application was issued to the respondent. Those notices have been received back after due service. Despite service of the notice, respondent has not opted to put appearance and to contest the averments, as made in the application. The stand, as taken by the applicant, in the application, remains unrebutted. In such situation, this Court has no hesitation to accept the plea for condonation of delay. 6. Consequently, the application is allowed and the delay in filing the accompanying appeal is ordered to be condoned. Application stands disposed of. Arb. Appeal No. _________ of 2026 7. Vide order of the even date, passed in OMP(M) No. 38 of 2026, delay in filing the appeal has been ordered to be condoned. 8. Appeal be registered. 9. Admit. OMP ST No. 63125 of 2025 10. The accompanying appeal has been admitted for hearing, as such, during the pendency of the appeal, the execution of the award dated 29.11.2022, passed by learned Divisional Commissioner, Mandi, exercising the Power of Arbitrator, in Arbitration Case No. 828 of 2015, titled as “Dharma Devi Versus Land Acquisition Officer & Anr.”, is ordered to be stayed, subject to the condition that entire award amount, along with up to date interest, be deposited within a period of eight weeks from today. Application is accordingly disposed of. Modification/ alteration/vacation on motion. ( Virender Singh ) Judge 11th May, 2026 (Pramod Kumar)