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2025 DAILYLAW 2784 (HP)

NHAI v. GURBACHAN KAUR AND ORS

OMPM/481/2025 · 2026-05-21

Romesh Verma

body2025

Judgment text

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NHAI vs. Gurbachan Kaur & Ors. OMP(M) No. 481 of 2025 21.05.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant/appellant Mr. Yuyutsu Singh Thakur, Advocate, for respondents No. 1 to 3 and 5. Mr. Manish Thakur, Deputy Advocate General, for respondent No.6. In sequel to order dated 18.03.2026 and 21.04.2026, consequential steps for bringing on record the legal representatives of deceased respondent No.4 have not been taken. Consequently, the appeal is ordered to be abated qua respondent No.4. OMP(M) No. 481 of 2025 The instant application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that impugned judgment was passed by the learned District Judge, Mandi on 07.03.2025. It has further been averred in the application that the applicant had filed bunch of cases pertaining to the same acquisition before this Court. The copy of judgment was applied by the counsel on 07.03.2025 and the same was delivered on 24.04.2025. It has further been averred in the application that inadvertently, the certified copy of the judgment was misplaced in another case file. Subsequently it came to the knowledge of the counsel and the said counsel immediately prepared the appeal. It has been further contended by the learned counsel for the applicant/appellant that the delay in filing the appeal is neither intentional nor willful but the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant/appellant. Keeping in view the averments as made in the application, which is duly supported by an affidavit and keeping in view of the fact that the learned counsel appearing for the respondents have no objection in case the delay is condoned, the present application is allowed and the delay in filing the present appeal is condoned. Application stands disposed off. Arb. Appeal No._______2026 (ARBAST No. 67330 of 2025) Appeal be registered. List for consideration after three weeks. OMPST No. 57522 of 2025 Be registered. Heard. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicant in the Registry of this Court within a period of eight weeks from today, operation, execution and implementation of impugned judgment dated 07.03.2025, passed by the learned District Judge, Mandi, District Mandi and also the arbitral award dated 14.11.2023 shall remain stayed during the pendency of the appeal. The application stands disposed off. ( Romesh Verma) Judge May 21, 2026 ( veena)