Multiple Adjournments Sought To Explain Laches: Allahabad HC Adjourns Case Subject To Deposit Of 2K Cost By NHAI Project Director

Recently, the Allahabad High Court has imposed a cost Rs. 2000 on the Project Director of National Highways Authority of India, payable from his salary account, for seeking multiple adjournments for explaining the laches in filing the appeal under Section 37 of the Arbitration and Conciliation Act, 1996.

NHAI filed the arbitration appeal with a delay of 11 days. On earlier dates, when the case was listed, the Court had sought explanation regarding the delay in filing the appeal. However, the counsel for NHAI had sought adjournment on two occasions. Again when the case was listed, the counsel for NHAI sought a third adjournment to comply with the order of the Court.

Justice Piyush Agrawal granted the third adjournment on the condition that cost of Rs. 2000 shall be deposited by the Project Director of National Highways Authority of India from his salary account.

“As prayed, the case is adjourned, subject to deposit of cost of Rs. 2,000/- by the Project Director of the appellant no. 1 before the Registrar General of this Court. The cost shall be deposited from the salary account of the Project Director concerned.”

Additionally, personal affidavit of the Project Director, National Highways Authority of India has been sought explaining as to why the direction of the Court regarding explanation of laches has not been complied with.

Case Title: National Highway Authority Of India, Through Its Project Director v. Vinod Kumar And 5 Others

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