Allahabad HC Directs NHAI Project Director To Pay Cost From His Salary Account While Granting Further Time To Explain Laches In Filing Appeal
The Allahabad High Court adjourned the case subject to a deposit of cost of ₹2000 from the salary of the Project Director of the National Highways Authority of India after it repeatedly requested for time to comply with the Court’s previous order to explain laches.
The National Highways Authority of India through its Project Director filed an Appeal under Section 37 of the Arbitration & Conciliation Act, 1996 which was beyond time by 11 days.
The bench of Justice Piyush Agrawal ordered, “As prayed, the case is adjourned, subject to deposit of the 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.”
As requested by the Appellant the Court in its order dated July 18, 2024, granted two weeks’ time to file a supplementary affidavit explaining the laches.
The Court by its order dated August 2, 2024, granted further time as requested by the Appellant to comply with the previous order.
“Order sheet reveals that on two earlier occasions, i.e., 18.07.2024 and 02.08.2024, the case was adjourned at the request of learned counsel for the appellants to enable him to comply with the earlier order of this Court”, the Court held.
The Court, in the present order, directed the Project Director to file his personal affidavit as to why the direction of the Court has not been complied with, along with receipt of deposit of cost.
The Court listed the matter after three weeks.
Cause Title: National Highway Authority Of India, Through Its Project Director v. Vinod Kumar