Application allowed for bringing legal representatives of deceased respondent on record and condoning delay in filing the appeal. Stay of impugned arbitral award granted subject to deposit of awarded amount and interest.
Delay condoned; legal representatives brought on record; stay of award subject to deposit of amount.
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NHAI vs. Husan Lal
OMP (M) No.154 of 2023
18.10. 2024
Present: Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for the applicant/appellant.
Mr. Varun Rana, Advocate, for the LRs of deceased respondent No.1.
OMP(M) No. 136 of 2024
This application has been moved under Order 22 Rule 4 & 9 read with Section 151 C.P.C for bringing on record legal representatives of deceased respondent Vishesar and also under Section 5 of the Limitation act for condoning the delay in moving the application.
2. Respondent Vishesar is stated to have died on 04.02.2019. His death certificate has been placed on record. In terms of the averments made in the application, the deceased had left behind the legal representatives as detailed in para 3 of the application.
3. The applicant has cogently explained the delay in moving the application. The application and the prayers made herein are not opposed by the learned counsel appearing for the legal heirs of deceased respondent.
4. In view of the above, the application is allowed. Delay in moving the application for bringing on record the legal representatives of deceased respondent is condoned. Abatement, if any, is set aside. Legal representatives of deceased respondent, detailed in para 3 of the application,
are ordered to be brought on record as respondents No. 1(i) to 1 (iv). Amended memo of parties stands filed, which is taken on record. Registry is directed to carry out necessary corrections in the cause title.
The application stands disposed of.
OMP (M) No. 154 of 2023
5. Learned counsel for the
non-applicant/respondent has not filed reply to the application.
6. Learned counsel for the applicant/appellant has placed on record copies of orders passed in different OMP(M)’s in different cases instituted by the applicant/appellant involving the same judgment, wherein the delay in filing the appeal has been condoned.
7. In view of the orders already passed in the similar matters and also taking into consideration the averments made in the application, it would be in the interest of justice, in case the delay in filing the appeal is condoned and the appeal is decided on merits. Accordingly, the application is allowed. Delay in filing the appeal is condoned. The application to stands disposed of.
8. Be registered.
OMP No.______/2024.
Notice. Mr. Varun Rana, Advocate, appears and waives service of notice on behalf of respondent.
9. Learned counsel for non-applicant has no objection for allowing the prayer in the application. Subject to deposit of entire awarded amount along-with up-to-date interest in the Registry of this Court within a period of six weeks, the execution and operation of impugned award dated 4.12.2021 passed by the learned District Judge in Arbitration Case No. 11 of 2018, shall remain stayed.
Parties are, however, at liberty to seek
modification/alteration of the order.
The application stands disposed of.
Arb. Appeal No._____/2024
10. Be registered.
List for consideration on 8.11.2024
Jyotsna Rewal Dua Judge
October 18, 2024 (veena)
2 issues framed by the court
Whether delay in filing application for bringing legal representatives on record may be condoned?
Whether delay in filing the appeal may be condoned?
2 provisions across 2 enactments
NHAI
Vishesar
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
