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2023 DAILYLAW 809 (HP)

UNION OF INDIA v. MS RS CONSTRUCTION

OMP/666/2023 · 2026-07-07

Romesh Verma

body2023

Judgment text

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UOI vs. M/s RS construction OMP(M) No. 222 of 2023 07.07.2026 Present: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate, for the applicant. Mr. Adarsh K. Vashista, Advocate, fr the respondent. OMP No. 666 of 2023 For the reasons stated in the application, the delay in re-filing the appeal is condoned. The applicant is permitted to re-file the appeal. The application stands disposed of. OMP(M) No. 222 of 2023 The instant application has been filed for condonation of delay in filing the appeal. It has been averred in the application that the impugned judgment was passed by the learned District Judge, Kangra at Dharamshala on 07.01.2023. The applicant obtained the copy of the judgment on 09.02.2023. Thereafter, the matter was sent to the superior authorities to obtain legal opinion to file an appeal. After obtaining the legal opinion from the superior authorities, the same was sent to the office of DSGI, H.P. for filing the appeal. On 08.04.2023, the opinion of the DSGI, H.P. was received and thereafter after consulting the matter with the higher authority, the applicant drafted the appeal and was submitted before the DSGI, H.P. who directed the officials of the applicant to get the appeal drafted from the standing counsel of UOI at Dharamshala. Thereafter, the appeal was vetted by the learned counsel of UOI at Dharamshala on 15.05.2023. Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances. Learned counsel for the non-applicant has no objection in case the application is allowed. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of submissions as made by learned counsel for the applicant, the present application is allowed and the delay in filing the appeal is condoned. Accordingly, the application stands disposed of. Arb. Appeal No. /2026 Be registered. Admit. Send for the record. List in due course. OMP No. 254 of 2024 For the reasons stated in the application, the application is allowed. The applicant is permitted to place on record the copy of award dated 10.04.2018 subject to all just exceptions. The application stands disposed of. OMP No. 255 of 2024 For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the A4 copy of the award subject to all just exceptions. The application stands disposed of. OMP No. 256 of 2024 For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the both side print of the papers. The application stands disposed of. OMPST No. 37642 of 2023 Be registered. The application has been filed for staying the operation of impugned judgment dated 07.01.2023, passed by the learned District Judge, Kangra at Dharmshala and the Award dated 10.04.2018, passed by the learned Arbitrator. It is contended by the learned counsel for the non-applicant that after passing of the award dated 10.04.2018 and after dismissing the objections as filed by the applicant, the entire amount stood released to non- applicant. Faced with this situation, learned counsel for the applicant seeks permission of this Court to withdraw the instant application with liberty to file afresh if need so arises. Accordingly, the instant application is dismissed as withdrawn with liberty as aforesaid. (Romesh Verma) Judge 7th July, 2026 (kck)