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2025 DAILYLAW 12946 (HP)

NHAI v. YASH PAL

OMPM/60/2024 · 2025-03-11

Jyotsna Rewal Dua

body2025

Judgment text

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NHAI Vs. Yash Pal & Ors. OMP(M) No.60 of 2024 11.03.2025 Present: Ms. Sneh Bhimta, Advocate, for the applicant/ appellant. Mr. Yuyutsu Singh Thakur, Advocate, for the respondents. OMP(M) No.60 of 2024 Mr. Yuyutsu Singh Thakur, Advocate, has put in appearance on behalf of the respondents. Applicant/appellant seeks condonation of 122 days’ delay in instituting the main appeal. 2. The applicant has pleaded that the impugned judgment was pronounced by the learned District Judge on 18.10.2023. Its certified copy was applied on 21.10.2023. The same was attested on 06.11.2023 and was delivered on 08.11.2023. However, disposal of the case on 18.10.2023 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 18.10.2023. On account of closing of the financial year, the empanelled 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 instant case had been disposed of on 18.10.2023. 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lackadaisical attitude of the said law firm/counsel, M/s M.V. Kini & Co., 362 cases pending in District Mandi have been withdrawn and had been allotted to some other firm. 5.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 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 The applicant has demonstrated its bona fide by pleading that it has already withdrawn its cases from the law firm conducting the aforesaid cases. 6.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 stands disposed of. Arb. Appeal No.30 of 2025 7. Be registered. List for consideration after three weeks. OMP No.135 of 2025 8. Heard. Subject to deposit of entire awarded amount alongwith up to date interest in the Registry of this Court within three weeks, operation and execution of award dated 18.10.2023, passed by the learned District Judge Bilaspur, H.P. in Arbitration Case No.165 of 2018 (National Highways Authority of India Versus Yash Pal and others), shall remain stayed. The application stands disposed of. Jyotsna Rewal Dua March 11, 2025 Judge Mukesh