Research › Search › Judgment

High Court of Himachal Pradesh · body

2024 DAILYLAW 843 (HP)

NHAI v. DHANI RAM

OMPM/193/2024 · 2026-08-07

Romesh Verma

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NHAI vs. Dhani Ram OMP(M) No. 193 of 2024 07.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Anmol Sharma, Advocate, for the respondent. OMP(M) No. 193 of 2024 The present application has been filed for condonation of delay in filing the present appeal. It is averred in the application that the certified copy of the judgment dated 18.11.2023 was applied on 12.12.2023, and the same was delivered on 28.12.2023. However, the disposal of the case was not within the knowledge of the appellant/applicant, as the same was never intimated to the appellant by its counsel. The applicant was not aware that the matter was decided in the year 2023. It was only in the month of March i.e. 24.03.2024, the applicant came to know that the arbitration petition has been decided. On closing of the financial year, the applicant inquired from all the counsels/law firm about the pendency of all the cases pending in various forums throughout the State of H.P. and thus this fact came to the knowledge of the applicant. Earlier also, due to inefficiency and lackadaisical attitude of the law firm/counsel, cases were withdrawn from the said law firm, namely, M/s M.V. Kini & Co., vide letters dated 20.09.2023 and 26.03.2024 (Annexures A-2 & A-3). Thereafter, prompt action was taken to obtain the entire case file, and the present appeal was filed immediately. The delay in filing the appeal was due to circumstances beyond the control of the present applicants. The learned counsel for the non-applicant has no objection, in case 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-applicant has no objection, the present application is allowed, and the delay in filing the appeal is condoned. Application stands disposed off. Arb. Appeal No.____/2026 (ARBAST No. 31545/2024) Appeal be registered. Heard. Admit. List for hearing in due course. Learned counsel for the appellant is directed to supply entire paper book to learned counsel for the respondents during the course of day. In the meantime, record be requisitioned. OMP No. _____of 2026 (OMPST/34061/24) 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 award dated 05.09.2017, passed by learned Arbitrator and judgment dated 18.11.2023, passed by learned District Judge, Bilaspur, H.P. in Arbitration No. 5 of 2018, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed off. (Romesh Verma) Judge August 7, 2026 (Nisha)