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2025 DAILYLAW 13008 (HP)

NHAI v. CHANDER MANI

OMPM/63/2024 · 2025-03-27

Jyotsna Rewal Dua

body2025

Judgment text

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NHAI Versus CHANDER MANI OMPM-63 of 2024 27.03.2025 Present : Ms. Shreya Chauhan, Advocate, for the appellant/applicant. Mr. Anirudh Sharma, Advocate, for the respondent. OMPM-63 of 2024 Applicant/appellant seeks condonation of 248 days’ delay in instituting the main appeal. 2. The applicant has pleaded that the impugned judgment was pronounced by the learned District Judge on 28.06.2023. Its certified copy was applied on 07.07.2023. The same was attested on 12.07.2023 and was delivered on 21.07.2023. However, disposal of the case on 28.06.2023 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 28.06.2023. 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 28.06.2023. 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lackadaisical attitude of the said law firm/counsel, M/s M.V. Kini & Co., 362 cases pending in District Mandi have been withdrawn and had been allotted to some other firm. 5.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 The applicant has demonstrated its bonafide by pleading that it has already withdrawn its cases from the law firm conducting the aforesaid cases. 6. There is no opposition to the prayer made in the application by the respondent. 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.77/2025 7. Be Registered. List for consideration after three weeks. OMPM-289 of 2025 Be registered. Subject to deposit of entire awarded amount along with upto date interest in the Registry of this Court within a period of three weeks, the execution and operation of the impugned award dated 28.06.2023 passed by the learned District Judge, Mandi in Arbitation Case No.08/2023, shall remain stayed. Parties are, however, at liberty to seek modification/alteration of the order. The application stands disposed of. Jyotsna Rewal Dua Judge 27th March, 2025 (Pardeep)