Court condoned delay in filing main appeal due to inefficiency of previous law firm and registered the appeal. In a separate application, stayed operation of impugned judgment and arbitral award subject to deposit of awarded amount with interest.
Delay condoned; appeal registered. Stay granted on impugned judgment/award subject to deposit.
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NHAI vs. Ram Krishan
OMP (M) No. 18/2026
4.5.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant.
Mr. Anirudh Sharma, Advocate, vice Mr. Malay Kaushal, Advocate, for the respondent.
The present application has been filed for
condonation of delay in filing the main appeal. It has been averred in the application that even though copy of the impugned judgment, dated 3.6.2025 was delivered on 22.7.2025, however disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel/Law Firm i.e. M/s M.V. Kini & Co. Due to such inefficiency and lackadaisical attitude of the aforesaid Law Firm, cases were withdrawn from it vide letters dated 20.9.2023 and 26.3.2024. When the applicant inquired from all the Law Firms about pendency of all the cases pending in various Forums, it came to the knowledge of the applicant that objection petitions pertaining to Muhal Bhated have already been disposed of. Accordingly prompt action was taken for preparation of the appeal. Thus, the aforesaid delay is neither intentional nor deliberate, but has occurred due to unavoidable circumstances, which were beyond the control of the applicant.
Consequently, in view of the reasons stated in the application, which is duly supported by an affidavit, coupled with submissions made by the learned counsel for
the parties, delay in filing the main appeal is condoned.
Appeal be registered. Application stands disposed of.
Arb. Appeal No. /2026
Admit. Send for the records.
List in due course.
OMP No. /2026
Be registered. Heard. Subject to the applicant’s depositing entire awarded amount along with upto date interest in the Registry of this Court within a period of eight weeks from today, operation, implementation and execution of the impugned judgment as also the impugned arbitral award, are ordered to be stayed during the pendency of the appeal. Application stands disposed of.
(Romesh Verma) Judge
(pankaj)
NHAI
Ram Krishan
Romesh Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
