Extracted from the PDF above. The PDF is authoritative.
NHAI vs. Rakesh Kumar & others OMP(M) No.151 of 2024 05.06.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Yuyutsu Singh Thakur, Advocate, for the respondents No.1 to 3 and 6. OMP(M) No.151 of 2024 The present application has been filed for condonation of delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on
04.09.2023. Learned counsel for the applicant has applied for certified copy of impugned judgment on 06.09.2023 and the same was delivered on 07.10.2023. However, the disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel. Earlier also, due to inefficiency and lackadaisical attitude of the said law firm, namely, M/s M.V. Kini & Co., as many as 362 cases pending in District Mandi/Bilaspur were withdrawn from the law firm and allotted to M/s Nishaank Mattoo & Associates. 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. Notices of the application were sent to the respondents. Mr.Yuyutsu Thakur, Advocate, has put in appearance for respondents No.1 to 3 and 6. Respondents No.4 and 5 stands duly served, but none has put in appearance
on their behalf. Hence, the said respondents are proceeded against ex parte. Learned counsel for the appearing non-applicants 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 delay in filing the appeal is condoned. Accordingly, the application stands disposed of. Arb. Appeal No._______ of 2026 Appeal be registered. Heard. Admit. Issue post admission notice to respondents No.4 and 5, returnable within four weeks, on taking steps within three days. List thereafter. In the meantime, records be requisitioned. OMPST No.39341 of 2024 Be registered. Heard Subject to deposit of entire awarded amount along with up-to-date interest by the appellant/applicant within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 04.09.2023, as
passed by learned District Judge, Bilaspur as well as arbitral award dated 05.09.2017 during the pendency of appeal is ordered to be stayed. Application stands disposed of.
( Romesh Verma )
Judge June 05, 2026 (vt)