Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 2249 (HP)

NHAI v. Jeet Ram and others

OMPM/264/2025 · 2026-01-08

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NHAI versus Jeet Ram and others OMP(M) No. 264 of 2025 08.01.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Rahul Singh Jagota, Advocate vice Mr. Yudhbir Singh Thakur, Advocate, for respondents. OMP(M) Nos. 5 & 6/2026 These two applications have been moved by the applicants for bringing on record L.Rs of deceased respondent No.4 who is stated to have passed away on 29.01.2022. Since steps for bringing on record L.Rs of deceased respondent have not been taken in time, therefore, application has been moved for condonation of delay in bringing on record L.Rs of deceased respondent. Heard learned counsel for the parties. Learned counsel appearing for L.Rs of deceased respondent No.4 has no objection for allowing the prayer. Considering the pleadings and submissions made by learned counsel for the parties, both applications are allowed and stand disposed of in terms of prayer clause. Accordingly. L.Rs of deceased respondent No.4 detailed in para-2 of OMP No.5/2026 are ordered to be brought on record as respondents Nos.4(a) to 4(c). Learned counsel appears for newly impleaded respondents. Amended memo of parties be filed within one week. Registry is directed to carry out necessary correction in the cause title. OMP(M) No.264/2025 Applicant/appellant seeks condonation of delay in instituting the main appeal. The applicant has pleaded that the impugned judgment was pronounced by the learned District Judge on 01.08.2024. Its certified copy was applied on 27.09.2024. The same was attested on 15.10.2024 and was received on 22.10.2024. However, disposal of the case on 01.08.2024 was not within the knowledge of the applicant as the same was never intimated to it by its counsel. The application is with the further averments that the applicant became aware on 21.03.2025 about the disposal of the main case on 01.08.2024. On account of closing of the financial year, the empanelled counsel for the applicant throughout the State of H.P. were directed to furnish the information of the pendency or otherwise of the cases of the appellant. That it is only thereafter the applicant came to know about the fact that the instant case had been disposed of on 01.08.2024. However, this fact was not brought to the notice of the applicant by its counsel. The applicant further submits that due to such inefficient and lackadaisical attitude of the said law firm/counsel, M/s M.V. Kini & Co., 362 cases pending in District Mandi have been withdrawn and had been allotted to some other firm. The reasons for delay in filing the appeal have been attributed upon having no information about disposal of the case from the counsel conducting the said case. The applicant has demonstrated its bonafide by pleading that it has already withdrawn its cases from the law firm conducting the aforesaid cases. Even otherwise, there is no opposition to the prayer made in the application. For the cogent reasons given and established in the application, the delay in filing the main appeal is condoned. The application stands disposed of. Arb. Appeal No. of 2025 Be registered. List for consideration after four weeks. OMPST No.25523/2025 Be registered. Heard. Subject to deposit of entire awarded amount alongwith up to date interest in the Registry of this Court within four weeks, operation and execution of order dated 01.08.2024, passed by the learned District Judge, Mandi, H.P. in Arbitration Case No.184 of 2023 (National Highways Authority of India Versus Jeet Ram and others), shall remain stayed. The application stands disposed of. OMP No. 20/2026 The application is disposed of with a direction to the applicant/appellant to file English translated copy of the documents in issue before the next date of hearing. Jyotsna Rewal Dua Judge January 08, 2026 (yogesh)