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2025 DAILYLAW 1445 (HP)

NHAI v. KAMLU

OMPM/305/2025 · 2026-04-01

Romesh Verma

body2025

Judgment text

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NHAI vs. Kamlu OMP(M) No. 305 of 2025 01.04.2026 Present: Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Malay Kaushal, Advocate, vice Mr. Pankaj Thakur, Advocate, for the respondent. OMP(M) No. 305 of 2025 The present application has been filed for condonation of delay in filing the present appeal. It is averred in the application that a copy of the impugned judgment dated 01.08.2024 was applied by the counsel on 27.09.2024, the same was completed on 17.10.2024 and delivered on 22.10.2024. It is further averred that the disposal of the case was not within the knowledge of the applicant, as the same was never intimated to the applicant by its counsel. It is submitted that, even earlier, due to inefficiency and lackadaisical attitude on the part of the law firm, namely, M/s M.V. Kini & Co., as many as 362 cases pending in District Mandi/Bilaspur were withdrawn from the said law firm. It is further submitted that the applicant was under a bona fide belief that the arbitration petition was still pending before the learned District Judge, Mandi. It was only in January 2025, it came to the knowledge of the applicant that the objection petitions pertaining to Muhal Dehar had been disposed of by the competent court of law. Immediately thereafter, steps were taken to file the present appeal, however, in the process, considerable delay occurred, which was beyond the control of the present applicant. The applicant has further submitted that the delay in filing the present appeal is neither intentional nor deliberate, but has occurred on account of bona fide reasons as stated in the application, which is duly supported by an affidavit. In view of the averments as made in the application which is duly supported by an affidavit and in view of the submissions made by learned counsel for the parties, the present application is allowed and the delay of 239 days in filing the appeal is condoned. Application stands disposed off. Arb. Appeal No.____/2026 (ARBAST No. 38030/25) Appeal be registered. Admit. List for hearing in due course. Record be requsitioned. OMP No. _______2026(OMPST35170/25) Application be registered. Subject to deposit of entire awarded amount alongwith up to date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 15.02.2023, passed by Arbitrator and judgment dated 01.08.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 130 of 2023, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed off. (Romesh Verma) Judge April 1, 2026 (Nisha)