National High Way Authority of India Vs Vinod Kumar and Others — Himachal Pradesh HC (2025) — LawSathi Research

National High Way Authority of India Vs Vinod Kumar and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of 157 days' delay in instituting the main appeal granted; the Arb. Appeal directed to be registered and listed for consideration after three weeks; operation and execution of the award dated 15.12.2023 stayed subject to deposit of the entire awarded amount with up-to-date interest in the Registry of the Court within three weeks.

Issue for consideration

Whether the 157 days' delay in instituting the main appeal against the award/judgment dated 15.12.2023 should be condoned. +1 more

Court's answer

For the cogent reasons given and established in the application (counsel's failure to intimate disposal; applicant's demonstrated bona fides; no opposition), the delay of 157 days in filing the main appeal is condoned and the condonation application stands disposed of.

Ratio / Principle

Operation and execution of the award dated 15.12.2023 passed by the learned District Judge Bilaspur, H.P. in Arbitration Case No.30 of 2019 shall remain stayed, subject to deposit of the entire awarded amount along with up-to-date interest in the Registry of this Court within three weeks; the stay application stands disposed of.

Detailed headnote1 paragraphs

Applications in OMP(M) No.227 of 2024 by the National High Way Authority of India: (i) condonation of 157 days' delay in instituting the main arbitration appeal against the award/judgment dated 15.12.2023 of the learned District Judge, Bilaspur, H.P. in Arbitration Case No.30 of 2019 (National Highways Authority of India Versus Vinod Kumar and others) — delay condoned on the grounds that counsel (M/s M.V. Kini & Co.) never intimated the disposal, the applicant learnt of it only through a year-end exercise directing empanelled counsel in H.P. to report case pendency, and bona fides were shown by withdrawing 362 pending cases in District Mandi from that firm; no opposition was filed; the Arb. Appeal was ordered registered and listed for consideration after three weeks. (ii) Operation and execution of the award dated 15.12.2023 stayed, subject to deposit of the entire awarded amount along with up-to-date interest in the Registry of the Court within three weeks.

NATIONAL HIGH WAY AUTHORITY OF INDIA Versus VINOD KUMAR AND OTHERS

OMPM-227 of 2024

12.03.2025 Present : Ms. Sneh Bhimta, Advocate, for the petitioner.

Mr. Malay Kaushal, Advocate, for the respondents.

OMP(M) No.227 of 2024

Mr. Malay Kaushal, Advocate, has put in appearance on behalf of the respondents.

Applicant/appellant seeks condonation of 157 days’ delay in instituting the main appeal.

The applicant has pleaded that the impugned judgment was pronounced by the learned District Judge on 15.12.2023. Its certified copy was applied on 16.01.2024. The same was completed on 15.02.2024. However, disposal of the case on 15.12.2023 was not within the knowledge of the applicant as the same was never intimated to it by its counsel.

The application is with the further averments that the applicant became aware about the disposal of the main case on 15.12.2023, when on account of closing of the financial year, the empanelled counsel for the applicant throughout the State of H.P. were directed to furnish the information of the pendency or otherwise of the cases of the appellant. That it is only thereafter the

applicant came to know about the fact that the instant case had been disposed of on 15.12.2023. However, this fact was not brought to the notice of the applicant by its counsel.

The applicant further submits that due to such inefficient and lackadaisical attitude of the said law firm/counsel, M/s M.V. Kini & Co., 362 cases pending in District Mandi have been withdrawn and had been allotted to some other firm.

The reasons for delay in filing the appeal have been attributed upon having no information about disposal of the case from the counsel conducting the said case. The applicant has demonstrated its bona fide by pleading that it has already withdrawn its cases from the law firm conducting the aforesaid cases.

Even otherwise, there is no opposition to the prayer made in the application. For the cogent reasons given and established in the application, the delay in filing the main appeal is condoned. The application stands disposed of.

Arb. Appeal No._________of 2025

Be registered.

List for consideration after three weeks.

OMP No._____ of 2025 [OMPST No.38256/24]

Be registered.

Heard. Subject to deposit of entire awarded amount alongwith up to date interest in the Registry of this Court within three weeks, operation and execution of award dated 15.12.2023, passed by the learned District Judge Bilaspur, H.P. in Arbitration Case No.30 of 2019 (National Highways Authority of India Versus Vinod Kumar and others), shall remain stayed.

The application stands disposed of

Jyotsna Rewal Dua Judge 12^th , March, 2025 (Pardeep)