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2025 DAILYLAW 1984 (HP)

UOI AND OTHERS v. SURAJMANI AND OTHERS

OMPM/278/2025 · 2026-01-07

Ranjan Sharma

body2025

Judgment text

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UOI & Others Vs. Surajmani & Others. OMP(M) No.278 of 2025 07.01.2026 Present: Ms. Ritu Sharma, Advocate, vice Mr. Sumeet Raj Sharma,, Advocate, for the applicants. Mr. Naveen Kumar Bhardwaj, Advocate, for respondents. Mr. Hemant K. Verma, Deputy Advocate General, for respondents No.3-State. OMP(M) No.278 of 2025 Instant application has been filed under Section 5 of the Limitation Act seeking condonation of 77 days of delay in filing the accompanying appeal. 2. Pursuant to issuance of notice on this application on 28.08.2025, Mr. Naveen Kumar Bhardwaj, Advocate has put in appearance on behalf of respondents No.2 and 3, namely Surajmani and Angat Ram, respectively. 3. Upon listing of the application and the averments made in the application indicate that the delay of 77 days in filing the accompanying appeal has been sufficiently explained by the applicants/appellants-NHAI. Even counsel for the contesting respondents No.1 and 2, does not oppose prayer for condoning the delay coupled with the fact that their rights may be safeguarded in the accompanying appeal. 4. Taking into account the entirety of the facts and circumstances, learned State Counsel does not intend to file any reply as the matter relates inter se the NHAI and the contesting respondents No.1 and 2. Taking into account the entirety of the facts and circumstances and the averments made in the application coupled with the fact that the application for delay is not seriously opposed, this Court condons the delay, in filing the accompanying appeal, and accordingly, the instant application is disposed of. OMP(M) No. of 2025 (OMPST No.23463/2025) Heard. Instant application is under Section 36 of the Arbitration and Conciliation Act, 1996 for staying the Impugned Judgment dated 05.11.2024, passed by Learned District Judge, Mandi and the stay of the Impugned Award dated 06.06.2023, passed by Arbitrator-cum-Divisional Commissioner, Mandi. 2. Taking into account the facts and the submissions and to safeguard the rights of the parties hereinabove the interim order is passed in this application. 3. Subject to deposit of entire Award amount along with statutory interest and accruals in the Registry of this Court, within six weeks from today, the operation and execution of Impugned Judgment dated 05.11.2024, passed by Learned District Judge, Mandi, and the stay of the Impugned Award dated 06.06.2023, passed by Arbitrator-cum-Division Commissioner, Mandi, shall remain stayed, during the pendency of the appeal. 4. Application stands disposed of accordingly. Arbitration Appeal No._________ of 2025 Be registered. Mr. Naveen Kumar Bhardwaj, Advocate, puts in appearance on behalf of respondents No.1 and 2 List the matter on re-opening of the Courts after winter vacation in the week commencing from 09th March, 2026. (Ranjan Sharma) January 07, 2026 Judge [KRN]