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2025 DAILYLAW 1492 (HP)

NHAI v. SARWAN KUMAR

OMPM/388/2025 · 2026-04-01

Romesh Verma

body2025

Judgment text

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NHAI vs. Sarwan Kumar OMP(M) No. 388 of 2025 01.04.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant. None for the respondent. OMP(M) No. 388 of 2025 On the previous date of hearing, Mr. Hitender Verma, Advocate, had put in appearance on behalf of the respondent and was granted time to file the power of attorney. Today, none has put in appearance on behalf of the respondent. 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 delivered on 22.10.2024 and thereafter supplied to the office of the applicant. 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 272 days in filing the appeal is condoned. Application stands disposed off. Arb. Appeal No.____/2026 (ARBAST No. 42894/25) Appeal be registered. Admit. List for hearing in due course. Record be requsitioned. OMP No. _______2026 (OMPST45923/25) 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. 156 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)