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2025 DAILYLAW 22513 (HP)

NATIONAL HIGHWAY AUTHORITY OF INDIA v. MANSA RAM

OMPM/252/2024 · 2025-05-13

Jyotsna Rewal Dua

body2025

Judgment text

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NHAI Vs. Mansa Ram OMPM No. 252/2024 13.05.2025 Present: Ms. Sneh Bhimta, Advocate, for the appellant/applicant. Mr. Yuyutsu Thakur, Advocate, for the respondent. Mr. Yutyutsu Singh Thakur, Advocate, has put in appearance on behalf of the respondent. Reply to the application has not been filed. Applicant/appellant seeks condonation of 150 days’ delay in instituting the main appeal. 2. The applicant has pleaded that the impugned judgment was pronounced by the learned District Judge on 27.12.2023. Its certified copy was applied on 16.01.2024. The same was completed on 16.02.2024. However, disposal of the case on 27.12.2023 was not within the knowledge of the applicant as the same was never intimated to it by its counsel. 3. The application is with the further averments that the applicant became aware about the disposal of the main case on closing of the financial year, the empaneled 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 instance case had been disposed of on 27.12.2023. However, this fact was not brought to the notice of the applicant by its counsel. 4. 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lackadaisical attitude of the said law firm/counsel, M/s M.V. Kini & Co., 362 cases pending in District Mandi have been withdrawn and had been allotted to some other firm. 5. The reasons for the 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 The applicant has demonstrated its bona fide by pleading that it has already withdrawn its cases from the law firm conducting the aforesaid cases. 6. 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 to stand disposed of. Arb. Appeal No.175/2025 7. Be registered. List for consideration during the course of next week. OMP No.613/2025 Be registered. Heard. Subject to deposit of entire awarded amount alongwith up to date interest in the Registry of this Court within two weeks, operation and execution of award dated 27.12.2023, passed by the learned District Judge Bilaspur, H.P. in Arbitration Case No. 43/2019 (National Highways Authority of India Vs. Mansa Ram), shall remain stayed. Application to stand disposed of Jyotsna Rewal Dua Judge 13th May, 2025 (rohit)