Research › Search › Judgment

High Court of Himachal Pradesh · body

2024 DAILYLAW 788 (HP)

NATIONAL HIGHWAY AUTHORITY OF INDIA v. MANOHAR LAL

OMPM/242/2024 · 2026-07-14

Romesh Verma

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NHAI vs. Manohar Lal OMP (M) No. 242/2024 14.7.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant/appellant. Respondent ex-parte vide order dated 25.03.2025. OMP (M) No. 242/2024 The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that even though copy of the impugned judgment, dated 05.12.2023 was applied on 08.12.2023 and delivered on 20.01.2024, however disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel/Law Firm i.e. M/s M.V. Kini & Co. Due to such inefficiency and lackadaisical attitude of the aforesaid Law Firm, as many as 362 cases were withdrawn from it and were allotted to M/s. Nishaank Matoo & Associates vide letter dated 20.9.2023. Thereafter, legal opinion was sought and the matter was examined at various levels for filing the appeal and in this process, considerable delay has occurred, which is neither intentional nor deliberate, but the same is due to unavoidable circumstances, which were beyond the control of the applicant. Notice of the application was issued to the sole respondent 02.12.2024 and he was duly served. When the case was listed on 25.03.2025, the respondent did not choose to appear before the Court, hence, he was proceeded against ex- parte. Consequently, in view of the reasons stated in the application, which is duly supported by an affidavit, coupled with submissions made by the learned counsel for the applicant, delay in filing the main appeal is condoned. Appeal be registered. Application stands disposed of. Arb. Appeal No. /2026 Admit. Send for the records. Issue post admission notice to the respondent returnable within four weeks on taking steps within three days. OMP No. /2026 Be registered. Heard. Subject to the applicant’s depositing entire awarded amount along with upto date interest in the Registry of this Court within a period of eight weeks from today, operation, implementation and execution of the impugned judgment as also the impugned arbitral award, shall remain stayed during the pendency of the appeal. Application stands disposed of. (Romesh Verma) Judge 14.7.2026 (pankaj)