NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT MANDI v. CHET RAM AND OTHERS
OMPM/267/2024 · 2026-06-30
Romesh Verma
body2024
DailyLaw.ai
[ 2024 DAILYLAW 753 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 753 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
NHAI vs. Chet Ram & others
OMP(M) No. 267 of 2024
30.06.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant.
Mr. Yuyutsu Singh Thakur, Advocate for the respondents.
OMP No. 564 of 2026
The instant application has been filed for deletion of name of respondent No. 1 (v), namely Sheela Devi. As per averments as made in the application, legal representatives of the said deceased respondent are already on record as respondents No. 1 (i) to 1 (iv) and 1 (vi). Therefore, in view of the averments as made in the application, which are duly supported by an affidavit the application is allowed. The name of respondent No. 1 (v) Sheela Devi is ordered to be deleted from the array of parties.
Learned counsel for the appellant is directed to file amended memo of parties within three days from today. The application stands disposed of. OMP(M) Nos. 403 & 404 of 2025
The instant applications have been filed for bringing on record the legal representatives of deceased respondent No.1 Chet Ram and for condonation of delay. As per averments as made in the application, the said
respondent expired on 13.12.2022, leaving behind the legal representatives as mentioned in para-3 of the application (OMP(M) No. 403 of 2025) . Notices were issued to the proposed legal representatives and it was transpired that proposed respondent No. 1 (v) Smt. Sheela Devi had also expired. This Court in CMP No. 564 of 2026 has already ordered to delete the name of the said proposed respondent. Therefore, in view of the averments as made in the applications which are duly supported by affidavits and in view of the submissions as made by the learned counsel for the applicant and no objection by the learned counsel for the respondents, the applications are allowed. The delay in filing the application under Order 22 rules 4 and 9 CPC is condoned. The legal representatives as mentioned in para-3 of the application bearing CMP(M) No. 403 of 2025, except respondent No. 1 (v) are ordered to be brought on record as respondents No. 1 (i) to 1 (vi). The applications stand disposed of. OMP(M) No. 267 of 2024
The present application has been filed for condonation of delay of 113 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Bilaspur on
20.01.2024. Learned counsel for the applicant had
applied for certified copy of impugned judgment on 22.02.2024 and the same was delivered on 16.03.2024. 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. As per the applicant, earlier also, due to inefficiency and lackadaisical attitude of the law firm, as many as 362 cases were pending in District Mandi/Bilaspur were withdrawn from the said law firm namely M/s M.V. Kini & Co. and were allotted to M/s Nishaank Mattoo & Associates vide letter dated
20.09.2023.
It is further submitted that the applicant was under bonafide belief that the instant case is pending before the learned District Judge, Bilaspur/Mandi and on closing of the financial year, the applicant inquired from all the counsels/law firms about the pendency of all the cases pending in various forums throughout the State of H.P. and then it came to their knowledge that the objection petitions pertaining to Mohal Behlag have been
disposed of. Thereafter, the applicant immediately contacted its counsel in order to procure the certified copy as well as record for preparation of the instant appeal. 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-applicants have 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
Appeal be registered.
Heard.
Admit.
Send for records. List for hearing in due course.
Learned counsel for the appellant is directed to supply the copy of entire paper book to the learned counsel for the respondents.
OMPST No. 37257 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 20.01.2024, as passed by learned District Judge, Bilaspur as well as arbitral award dated 09.07.2018, are ordered to be stayed during the pendency of appeal.
Application stands disposed of.
(Romesh Verma)
Judge 30th June, 2026
(kck)