NHAI Vs. Keshav Kumar & Ors. OMPM No. 135/2024 22.03.2025 Present: Ms. Sneh Bhimta, Advocate, for the appellant/applicant. Mr. Yuyutsu Thakur, Advocate, for respondents No.3 & 7 to 17. Mr. Yuyutsu Thakur, Advocate, appears and put in appearance on behalf of respondents No. 3 & 7 to 17. He submits that summons were served upon the respondents to appear on 26.10.2024, which was Court’s non-working day. In view of above submission, respondents are permitted to join the proceedings. OMP(M) No. 135 of 2024 Mr. Yutyutsu Singh Thakur, Advocate, has put in appearance on behalf of the respondents. Applicant/appellant seeks condonation of 155 days’ delay in instituting the main appeal. 2. The applicant has pleaded that the impugned judgment was pronounced by the learned District Judge on 04.09.2023. Its certified copy was applied on 06.09.2023. The same was attested on 30.09.2023 and was delivered on 07.10.2023. However, disposal of the case on 04.09.2023 was not within the knowledge of the applicant as the same was never intimated to it by its counsel. 3. The application is with the further averments that the applicant became aware on 21.03.2024 about the disposal of the main case on 04.09.2023. On account of closing of the financial year, the empaneled counsel for the applicant throughout the State of H.P. were directed to furnish the information of the pendency or otherwise of the cases of the appellant. That it is only thereafter the applicant came to know about the fact that the instance case had been disposed of on 04.09.2023. However, this fact was not brought to the notice of the applicant by its counsel. 4. The applicant further submits that due to such inefficient and lackadaisical attitude of the said law firm/counsel, M/s M.V. Kini & Co., 362 cases pending in District Mandi have been withdrawn and had been allotted to some other firm. 5. The reasons for the delay in filing the appeal have been attributed upon having no information about disposal of the case from the counsel conducting the said case. The applicant has demonstrated its bona fide by pleading that it has already withdrawn its cases from the law firm conducting the aforesaid cases. 6. Even otherwise, there is no opposition to the prayer made in the application. For the cogent reasons given and established in the application, the delay in filing the main appeal is condoned. The application to stand disposed of. Arb. Appeal No.______/2025 7. Be Registered. List for consideration after during the course of next week. OMP No._______/2025 Be registered. Heard. Subject to deposit of entire awarded amount alongwith up to date interest in the Registry of this Court within two weeks, operation and execution of award dated 04.09.2023, passed by the learned District Judge Bilaspur, H.P. in Arbitration Case No.84 of 2018 (National Highways Authority of India Vs. Keshav Kumar and Ors.), shall remain stayed. Application to stand disposed of Jyotsna Rewal Dua Judge 22nd March, 2025 (rohit)