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2023 DAILYLAW 620 (HP)

NHAI v. BAKSHI RAM AND OTHERS

OMPM/106/2023 · 2026-03-20

Romesh Verma

body2023

Judgment text

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National Highway Authority of India vs. Bakshi Ram & others OPM(M) No. 106 of 2023 20.03.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant/appellant. Mr. Peeyush Bhardwaj, Advocate, vice Mr. Amit Singh Chandel, Advocate, for respondents No. 1 & 4. Mr. Yuyutsu Singh Thakur, Advocate, for respondents No. 2 (i) to 2(vi). Respondents No. 5,6, 7(i) to 7(iv), 8(i) to 8(iii), 8 (v) to 8(vii) and 8(ix) to 8(xi) are proceeded against ex- parte. OMP (M) No. 106 of 2023 The present application has been filed for condonation of delay in filing the appeal. As per the averments as made in the application, it has been stated that impugned judgment was passed on 03.09.2022 and applicant had applied for the certified copy of the judgment on 06.09.2022. The same was prepared on 09.09.2022 and received on 01.10.2022. The applicant had to get the approval from the National Highways Authority of India’s Regional Office at Shimla to file the instant appeal. Therefore, delay has occurred due to unavoidable circumstances, which were not beyond the control of the present applicant. Learned counsel for the respondents/non-applicants has stated that they have no objection, if the present application is allowed. In view of the averments as made in the application, which is duly supported by an affidavit and keeping in view the fact that the learned counsel for the non-applicants have no objection, in case delay is condoned, the present application is allowed and the delay of 24 days in filing the appeal is condoned. Application stands disposed off. Arb. Appeal No.____/2026 (ARBAST No. 5233/23) Appeal be registered. Amended memo of parties, as prayed, be filed within a period of one week from today. Admit. List for hearing in due course. List alongwith Arb. Appeal No.____/2026 (ARBAST No. 5222/23). OMP(M) No. 237/2025 & OMP (M) No. 238/2025 By medium of OMP(M) No. 238/2025, the applicant has sought condonation of delay in filing the application i.e. OMP(M) No. 237 of 2025 for bringing on record the legal representatives of deceased respondent No.3, Sh. Ranjeet Singh, who has expired on 10.07.2022, as is evident from legal heirs certificate, Annexure A-1. In view of the averments as made in the applications, which are duly supported by affidavits and keeping in view the fact that the learned counsel for the non-applicants has no objection in case delay is condoned for bringing on record the legal heirs of deceased respondent No. 3, the aforesaid delay is condoned and the legal representatives of deceased respondent No.3, Sh. Ranjeet Singh, details whereof have been given in para 3 of the OMP(M) No. 237 of 2025, are ordered to be brought on record as respondent Nos. 3 (a) to 3(b). Abatement, if any, is also set-aside. Registry is directed to carry out the necessary correction in the memo of parties. Post admission notice be issued to newly added respondents No. 3 (a) & 3(b), in main appeal, returnable within three weeks, on taking steps within three days, positively. Applications are allowed and stand disposed off. OMP No. _______2026 (OMPST5933/23) Application be registered. Subject to deposit of entire awarded amount alongwith up to date interest by the applicant/appellant, execution, implementation and operation of impugned judgment dated 03.09.2022, passed by learned District Judge, Bilaspur, H.P. in CIS Registration No. 47 of 2018, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed off. OMP (M) No. 44 of 2024 Learned counsel for the applicant/appellant seeks permission to withdraw the present application with liberty to file separate independent applications on account of the death of respondents No. 2, 7, and 8. Permission is granted. Liberty is granted in the aforesaid terms. Application stands disposed off. (Romesh Verma) Judge March 20, 2026 (Nisha)