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2025 DAILYLAW 1826 (HP)

NHAI v. PREM LAL AND OTHERS

OMPM/271/2025 · 2026-03-09

Romesh Verma

body2025

Judgment text

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NHAI vs. Prem Lal & others OMP(M) No. 271 of 2025 09.03.2026 Present: Ms. Shreya Chauhan, Advocate, for the appellant. OMP(M) No. 271 of 2025 On 23.07.2025, notices were issued to the respondents, returnable within four weeks. On 09.10.2025, it was reported by the Registry that the notices issued to respondents No. 1 to 3 have been received after valid service. On the said date, Mr. Munish Datwalia and Mr. Ram Kumar, Advocates, filed a memo of appearance on behalf of the said respondents. On 18.11.2025, time was granted to file power of attorney on behalf of respondents No. 1 to 3, however, the same was not filed till 10.12.2025. Today, none has put in appearance on behalf of respondents No. 1 to 3 despite being duly served. The present application has been filed by the applicant/appellant for condonation of delay in filing the present appeal. The reasons have been explained in paras 3 to 5 of the application for not filing the appeal well in time, which are plausible. In view of the submissions made by learned counsel for the applicant/appellants, and since the averments made in the application are duly supported by an affidavit, the present application is allowed and delay of 326 days in filing appeal is condoned. Application is allowed and disposed off. Arb. Appeal No.____/2026 (ARBAST No. 24968/25) Appeal be registered. Admit. Post admission notices be issued to the respondents returnable within four weeks, on taking steps within two days. List for hearing in due course. OMP No. ____2026(OMPST24638/25) 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 01.07.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 72 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 March 9, 2026 (Nisha)