National Highway Authority Of India vs Bablu Kumar & Ors
2025 Latest Caselaw 2551 HP

Himachal Pradesh High Court

National Highway Authority Of India vs Bablu Kumar & Ors on 25 July, 2025

                                                                                          ( 2025:HHC:24273 )



        IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                                  OMP(M) No. 59 of 2025.

                                                  Decided on : 25th July, 2025.




                                                                                  .

    National Highway Authority of India
                                     ...Applicant/Appellant.





                                         Versus
    Bablu Kumar & Ors.                                                  ....Respondents.

    Coram:




    The Hon'ble Mr. Justice Satyen Vaidya, Judge.

    Whether approved for reporting?1

    For the applicant/appellant: Ms. Shreya Chauhan and Ms.
                              Sneh Bhimta, Advocates.

    For the respondents:      Mr.    Ashok   Kumar    Sharma,
                              Advocate.

    Satyen Vaidya, Judge. (Oral)

OMP(M) No. 59 of 2025.

Heard.

2. No reply is sought to be filed.

3. The delay of 258 days in filing the appeal has been

sought to be condoned by the applicant/appellant on the

ground that initially there has been some delay in

communication of the factum of decision in the case and

subsequently reasonable time was taken for seeking

necessary opinion for filing of instant appeal.

Whether reporters of the local papers may be allowed to see the judgment?

2 ( 2025:HHC:24273 )

4. Since, there is no opposition to the averments

made in the application coupled with the fact that the said

averments are duly supported by an affidavit of the

.

competent officer, there is nothing before this Court to

disbelieve the reasons assigned for condonation of delay.

5. Accordingly, the application is allowed and the

delay in filing the appeal is condoned.

                Arbitration Appeal No.            of 2025.

    6.          Appeal be registered.

    7.          Notice to the respondents.         Mr. Ashok Kumar

Sharma, learned counsel waives service of notice.

8. The instant appeal has been filed against the order

dated 13.06.2024 passed by the learned District Judge,

Bilaspur in Arbitration Case No. 179 of 2023, whereby the

application for condonation of delay, filed by the appellant

herein, in filing the objections under Section 34 of the

Arbitration and Conciliation Act has been dismissed.

9. The impugned order reveals that the application

for condonation of delay was filed under Section 5 of the

Limitation Act by the appellant herein beyond the period

prescribed under Section 34(3) of the Arbitration and

Conciliation Act, 1996. From the grounds of appeal also it is

not suggested that such findings of fact are incorrect. That

3 ( 2025:HHC:24273 )

being so, no fault can be found in the impugned order passed

by the learned District Judge, Bilaspur, as it is well settled that

the delay beyond the period prescribed under Section 34(3)

.

of the Arbitration and Conciliation Act cannot be condoned by

any authority or Court.

10. In result, there is no merit in the instant appeal

and the same is dismissed.

11. Pending applications, if any, also stand disposed

of. r (Satyen Vaidya)

Judge 25th July, 2025.

(jai)