HI GH COURT OF UTTARAKHAND AT NAI NI TAL Appeal From Order No.241 of 2020

04 July, 2025 State of U.P. & Ors. --Appellants Versus Lokendra Verma --Respondent ------------------------------------------------------------------------------

Presence:-

Mr. I.D. Paliwal, Standing Counsel for the State of U.P./appellants.

Mr. Harshit Sanwal, Advocate holding brief of Mr. Vijay Bhatt, Advocate for the respondent ------------------------------------------------------------------------------

Hon'ble Subhash Upadhyay, J.

Present appeal from order has been filed under Section 37 of The Arbitration and Conciliation Act, 1996, (for short, the Act) challenging the judgment dated 18.05.2016 passed by District Judge, Haridwar in Misc. Case No.93 of 2014, whereby the objection filed by the appellants under Section 34 of the Act, was rejected and the order dated 01.03.2013 passed by Sole Arbitrator in Arbitration Case No.16 of 2007, was upheld.

2. The sole Arbitrator was appointed to adjudicate the claim between the appellants/Superintending Engineer, U.P., Irrigation Department, Upper Ganga Canal Modernisation Circle Ist, Haridwar Road, Roorkee and the respondent Lokendra Verma qua payment of dues towards the construction of Stop Log Structure at Km. 29.250 of Parallel Upper Ganga Canal at Roorkee, Haridwar. The date of commencement of work was settled as 08.02.1994 and the entire work was required to be completed upto 07.08.1995. The Arbitration Case No.16/2007 was decided on 01.03.2013 and the appellants were directed to pay to the respondent a sum of Rs.19,77,251/- within a period of two months, failing which interest @ 18% per annum was to be paid. Against the Award passed by the Arbitrator on 01.03.2013, the appellants preferred Objections u/s 34 of the Act before the District Judge, Haridwar. Learned District Judge, Haridwar, vide judgment dated 18.05.2016 rejected the objection of the appellants. Hence, this appeal has been filed by the appellants along with the Delay Condonation Application.

3. As per the report of Registry, there is a delay of 1560 days in filing the present appeal. The appellants have stated the reasons for such inordinate delay in paragraphs nos.3 to 17 of the affidavit filed in support of Delay Condonation Application, which are reproduced below:- “3. That the learned Civil Judge (S.D.) Dehradun passed the impugned judgment on 18.05.2016.

4. That thereafter the legal opinion of the D.G.C. (Civil) was obtained by the appellants, who opined that the Judgment dated 18.05.2016 should be challenged before the Hon’ble High Court Nainital. True and correct copy of the Legal Opinion of the DGC (Civil) Saharanpur, dated

23.11.2016 is annexed and marked as Annexure No.A-1.

5. That after receiving the legal opinion of the D.G.C. (Civil) the Executive Engineer, Northern Division, Ganga Canal, Roorkee, wrote letter to the Superintending Engineer, Ganga Canal Sanchalan Mandal, Meerut, for seeking permission of the State Law Department for granting sanction to file appeal against the Judgment dated 18.05.2016. True and correct copy of the letter no.244/m[kxUk:@dkVsZ dls dated 13.01.2017 is annexed and marked as Annexure No.A-2.

6. That thereafter, vide letter no.2930/m[kxu:@dkVsZ dls ] dated 17.07.2018, a reminder was sent to the Superintending Engineer, Ganga Canal Sanchalan Mandal, Meerut. True and correct copy of the letter no.2930 m[kxu:@dkVsZ dls ] dated 17.07.2018 is annexed and marked as Annexure No.A-3.

7. That thereafter, the proposal to file appeal against the Judgment dated 18.05.2016 was forwarded by the Superintending Engineer, Ganga Canal Sanchalan Mandal, Meerut to the Chief Engineer (Ganga), Irrigation and Water Resources Department, Uttar Pradesh, Meerut, vide letter no.4034/ xuale@dkVsZ dls dated 13.08.2018. True and correct copy of the letter no.4034/ xuale@dkVsZ dsl dated 13.08.2018 is annexed and marked as Annexure No.A-4.

8. That the Chief Engineer (Ganga), Irrigation and Water Resources Department, Uttar Pradesh, Meerut,