Extracted from the PDF above. The PDF is authoritative.
State of Himachal Pradesh vs. Tilak Raj
CARAP(M) No.6 of 2025
03.06.2025 Present Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for the petitioners.
Mr. Nitin Thakur, Advocate, for the respondent.
CARAP (M) No.6 of 2025
By way of instant application, prayer has been made on behalf of the applicants/petitioners for condonation of delay in filing the accompanying appeal, which is barred by limitation.
Aforesaid prayer made on behalf of the applicants/petitioners has been opposed by the non- applicant/respondent by filing reply on the ground that no plausible explanation has been rendered on record qua the delay in filing the accompanying appeal.
Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor deliberate, rather same has occurred on the account of the lengthy administrative process and as such, delay of 30 days in filing the appeal, which in my considered view has been sufficiently explained, is condoned. The appeal be registered. The application stands
disposed of.
CARBA No.____ of 2025
Admit.
List for hearing on 28.07.2025. In the meanwhile, record of the Court below be called for.
Registry is also directed to call for award amount stated to be lying deposited with the learned Court below and thereafter, the same be deposited in the Registry of this Court in the shape of of FDRs.
CARAP No.____ of 2025
Since it is not in dispute, rather stands admitted by
learned counsel representing the respondent that award amount is lying deposited with the learned Court below, which has been otherwise ordered to be transferred to this Court, prayer made on behalf of the petitioners deserve to be allowed. In view of the above, the operation/execution of the impugned judgment dated 5.4.2024 passed by learned District Judge, Mandi, Himachal Pradesh in Arbitration Act No.38 of 2023, shall remain stayed.
(Sandeep Sharma) Judge June 03, 2025 (shankar)