Highway Administrator and Project Director v. Devta Kapil Muni (through its Kardar) AND ORS
OMPM/436/2025 · 2026-01-06
Ranjan Sharma
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 1106 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1106 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Highway Administrator & Project Director versus Devta Kapil Muni (Through its Kardar & Ors)
OMP (M) No.436 of 2025
06.01.2026 Present: Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for appellant.
Ms. Seema Sharma, Deputy Advocate General, for respondents No.2 & 3.
OMP (M) No.436 of 2025
The instant application has been filed under Section 5 of the Limitation Act seeking condonation of 150 days of delay in filing the accompanying appeal.
2.
Pursuant to the issuance of notice on 19.11.2025, respondent No.1 (Devta Kapil Muni) though served, has not put in appearance and therefore, respondent No.1 is proceeded against ex parte in the instant application.
3.
Accordingly, the instant application is allowed and delay in filing the instant accompanying appeal is condoned.
The application stands disposed of.
OMP No._________ of 2025
[OMPST 44882 of 2025]
Be registered.
4.
Upon listing of this application, Ms. Seema Sharma, Learned Deputy Advocate General accepts service of notice on behalf of respondents No.2 & 3.
5.
The instant application has been filed under Section 9 of Arbitration and Conciliation Act, 1996, for interim measures.
6.
Keeping in view the averments made in the application and the facts culled out in the accompanying appeal, the case for grant of interim protection has been carved out.
7.
Accordingly, subject to deposit of the entire award amount alongwith up-to-date interest in the Registry of this Court, within six weeks from today; the operation and execution of the Impugned judgment dated 02.12.2024 passed by Learned District Judge, Mandi, District Mandi, H.P. in Arbitration Case No.536 of 2024 and the Impugned Award dated 05.10.2023, passed by the Learned Arbitrator-cum-Divisional Commissioner, Mandi, shall remain stayed, during the pendency of appeal.
8.
Registry is directed to ensure that the deposited amount be kept in FDR(s), accruing highest interest as per norms.
Application stands disposed of.
Arbitration Appeal No.____of 2025
[ARBAST 44862/2025]
Be registered.
List for admission on 08.01.2026.
Record be also requisitioned.
(Ranjan Sharma)
Judge January 06, 2026 [meera]