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2025 DAILYLAW 22618 (HP)

STATE OF HP AND NAOTHER v. M/S ASPHALT CARPET CONSTRUCTION CO.

OMPM/159/2024 · 2025-03-20

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

The State of H.P. & Anr. vs. M/s Asphalt Carpet Construction Co. Item No.(D-1) OMP(M) No.159 of 2024 20.03.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants/appellants. Mr. J.S. Bhogal, Sr. Advocate with Ms. Swati Verma, Advocate, for the non- applicant/respondent. OMP(M) No.159 of 2024 Present application has been filed under Section 5 of the Limitation Act for condonation of delay of 84 days in filing the appeal under Section 37 of the Arbitration and Conciliation Act against the judgment dated 29.04.2024 passed by learned Single Judge. Counsel for the respondent states that he does not wish to file any reply to the application. A perusal of the application would go on to show that necessary time in processing the matter was taken by the office and certified copy of the judgment was applied on 06.05.2024 and forwarded by the office of learned Advocate General on 31.05.2024. The matter remained under process through various authorities by the concerned Superintending Engineer and opinion of the Government was also taken. Resultantly, on 30.08.2024, the Law Department had conveyed its opinion. Thereafter, the appeal was vetted in the office of Engineer-in-Chief on 05.09.2024 and resultantly, the same was filed on 12.09.2024. In such circumstances, we do not find any inordinate delay or inaction in filing the appeal. Accordingly, the application is allowed and delay in filing the present appeal is condoned. Appeal be registered. Arb. Appeal No.36 of 2025. To come up on 1st May, 2025. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge March 20, 2025 (Yashwant)