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2025 DAILYLAW 1421 (HP)

THE PROJECT DIRECTOR NHAI v. BANSHI RAM AND ANOTHER

OMPM/23/2025 · 2026-04-09

Romesh Verma

body2025

Judgment text

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NHAI vs. Banshi Ram & anr. OMP(M) No. 23 of 2025 09.04.2026 Present:Mr. Sumeet Raj Sharma, Advocate, for the applicant-appellant. Mr. Aman Parth Advocate, for respondent No.1 As per report of the Registry consequential steps for bringing on record the legal representatives of deceased respondent No.2 have not been taken. Consequently, appeal stands abated qua the said respondent. The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the impugned judgment dated 30.05.2024 was passed by the learned District Judge, Bilaspur, District Bilaspur. After obtaining the legal opinion as sought by the office of the applicant prompt immediate steps were taken to engage the counsel for filing an appeal. It has been contended by the learned counsel for the applicant that the delay in filing the appeal is neither intentional nor willful and the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant. Keeping in view the averments as made in the application, which is duly supported by an affidavit and in view of the submissions as made by the learned counsel for the applicant, the application is allowed and the delay of 215 days in filing of appeal is condoned subject to payment of cost of Rs.3500/- which shall be paid by the applicant to H.P. High Court Bar Association Welfare Fund positively within four weeks from today, failing which the present applicant shall not be entitled to the benefit of the present order. Appeal be registered Application stands disposed off. Arb. Appeal No._____ARBAST No. 47162/24 Mr. Aman Parth Advocate, appears and accepts service of notice on behalf of respondent No.1. OMPST No. 48050 of 2024 Heard. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicant in the Registry of this Court within a period of eight weeks from today, operation of impugned judgment dated 30.05.2024, passed by the learned District Judge, Bilaspur, District Bilaspur in Arb. Petition No. 40 of 2024 shall remain stayed during the pendency of the appeal. The application stands disposed off. ( Romesh Verma) Judge April 09, 2026 ( veena)