Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 13156 (HP)

NHAI v. RAM CHAND

OMPM/150/2024 · 2025-05-07

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NHAI vs. Ram Chand and another OMP(M) No. 150 of 2024 07.05.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant/appellant. Mr. Yuyutsu Thakur, Advocate, for respondent No.1. Respondent No.2 is stated to have expired. OMP(M) No. 29 & 30 of 2025 Non-applicants/legal heirs of deceased respondent No.2 does not intend to file any reply to these applications. Non- applicants have no objections, if in case the applications are allowed and the legal heirs of deceased respondent No.2 is ordered to be brought on record. Respondent No.2 is stated to have died on 26.04.2018. The details of legal heirs are given in para 3 of OMP(M) No. 29 of 2025. The same is in consonance with the legal heir certificate appended alongwith the present applications. From a perusal of the same, it is evident that legal heirs i.e. Ram Chand is already on record as respondent No.1. Only Kamla Devi is required to be arrayed as respondent No. 2(a). The right to sue survives in the said legal heirs. For the sufficient cause shown in the applications in (OMP(M) No.30 of 2025), delay in bringing on record the legal heir of deceased respondent No.2 is condoned. Abatement, if any, is set aside. Power of attorney on behalf of respondent No.1 stands filed, however, power of attorney on behalf of respondent No.2(a) be filed within two weeks. Amended memo filed alongwith the present applications is ordered to be taken on record. The applications stand disposed of. OMP(M) No. 150 of 2024 No reply is intended to be filed. For the bona fide reasons mentioned in the application and sufficient cause shown, delay in filing the present appeal is condoned. The application stands disposed of. Arbitration Appeal No. _______ of 2025 Be registered. CMP No. ______ of 2025 Be registered. In the meanwhile, the operation and execution of impugned order dated 4.9.2023 passed by learned District Judge Bilaspur in Arbitration Petition No. 82/2018 shall remain stayed subject to deposit of the entire award amount alongwith up-to-date interest within a period of six weeks. The application stands disposed of . (Bipin C. Negi) Judge May 07, 2024 Tarun