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2025 DAILYLAW 1780 (HP)

NHAI v. SUBHASH SAINI

OMPM/456/2025 · 2026-03-24

Romesh Verma

body2025

Judgment text

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NHAI vs. Subhash Saini OPM(M) No. 456 of 2025 24.03.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant-appellant. OPM(M) No. 456 of 2025 The present application has been filed seeking condonation of delay in preferring the appeal. As per the averments made therein, it is stated that the applicant had engaged M/s Kini Law Firm for the purpose of challenging the arbitral award before the learned District Judge, Mandi, H.P. It is further averred that the said counsel subsequently advised the applicant that an appeal should be preferred against the impugned judgment dated 01.08.2024, and it was only thereafter that the applicant acquired knowledge of the passing of the said judgment. In this context, the aforesaid counsel applied the certified copy of the impugned judgment dated 01.08.2024, for which an application had been made on 27.09.2024 and the same was made available on 22.10.2024. It is further submitted that immediately thereafter, necessary steps were taken by the office of the applicant to file the present appeal. The reasons assigned for the delay in the application appear to be reasonable and plausible. Though respondent stands served, however, none has put in appearance on his behalf, hence, proceeded against ex-parte. In view of the submissions made by learned counsel for the applicant/appellant and since the averments made in the application are duly supported by an affidavit, the present application is allowed and delay of 334 days in filing appeal is condoned. Application is allowed and disposed off. Arb. Appeal No.____/2026 (ARBAST No. 54886/25) Appeal be registered. Post admission notices be issued to the respondent returnable within four weeks, on taking steps within two days. List for hearing in due course. Record be requisitioned. OMP No. _______2026 (OMPST57528/25) 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 learned Arbitrator and judgment dated 01.08.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 114 of 2024, shall remain stayed during the pendency of appeal. Needful be done within ten weeks from today. Application stands disposed off. (Romesh Verma) Judge March 24, 2026 (Nisha)