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2025 DAILYLAW 13169 (HP)

NHAI v. BIHARI LAL

OMPM/82/2024 · 2025-07-29

Bipin Chander Negi

body2025

Judgment text

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NHAI vs. Bihari Lal OMP(M) No.82 of 2024 29.07.2025 Present: Ms. Sneh Bhimta, Advocate vie Ms. Shreya Chauhan, Advocate, for the applicant. OMP(M) Nos. 124 and 125 of 2025 Though served, but none has put in appearance on behalf of the LR of deceased respondent. The respondent is stated to have died on 26.02.2015. The detail of legal heir provided in para 3 of the application is strictly in consonance with the legal heir certificate appended alongwith the present application. The right to sue survives in the said legal heir of deceased respondent i.e. Bihari Lal. For the sufficient cause shown (CMP(M) No. 125 of 2025, delay in bringing on record the legal heir of deceased respondent is condoned. Abatement, if any, is set aside. Accordingly, legal heir of deceased respondent Bihari Lal is ordered to be brought on record. Amended memo already filed alongwith the present applications is ordered to be taken on record. The applications stand disposed of. OMP(M) No. 646 of 2025 The applicant-respondent is exempted from filing English translation of Annexure A-1 appended alongwith CMP(M) No. 124 of 2025. The application stands disposed of. OMP(M) No.82 of 2024 Heard counsel for the applicant. Perused the pleadings. For the sufficient cause shown, delay of 155 days in the filing the appeal is condoned. The application stands disposed of. Arbitration Appeal No. _____ of 2025 Be registered. On taking steps within three days, issue notice to respondent No. 1(a) i.e. Smt. Jasmati Devi, returnable within four weeks. OMP No. ____ of 2025 Notice in the aforesaid terms. Operation and execution of impugned judgment dated 04.9.2023, passed by learned District Judge, Bilaspur H.P. in Arbitration Petition No. 79 of 2018 shall remain stayed, subject to deposit of entire awarded amount alongwith up-to-date interest within a period of four weeks from today. Application stands disposed of. (Bipin C. Negi) Judge July 29, 2025 tarun