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2025 DAILYLAW 2851 (HP)

National Highway Authority of India v. Sukh Ram and another

OMPM/227/2025 · 2026-05-18

Romesh Verma

body2025

Judgment text

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NHAI vs. Sukh Ram and another OMP(M) No.227 of 2025 18.05.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr.Sanjeev Kumar, Advocate, for respondent No.1(b). Mr. Vishvinder Singh, Advocate, vice counsel, for respondents No.2(a) to 2(vi). OMP(M) Nos.7 and 8 of 2026 The application {OMP(M) No.8 of 2026} has been filed for condonation of delay in filing the application {OMP(M) No.7 2026} for bringing on record the legal representatives of deceased respondent No.1 Sukh Ram, who is stated to have expired on 28.02.2019. The details of the legal representatives are mentioned in para-3 of the application. Notices were issued in the aforesaid applications. Mr.Sanjeev Kumar, Advocate, has put in appearance for the proposed LR No.1(b) Data Ram. As far as other proposed legal representatives are concerned, they stand duly served and are proceeded ex-parte. Learned counsel for the non-applicant has no objection in case after condoning the delay, the legal representatives of deceased respondent No.1 are ordered to be brought on record as respondents No.1(a) to 1(e). Consequently, in view of the averments as made in the applications, which are duly supported by affidavit(s) and in view of the submissions as made by learned counsel for the applicant, the legal representatives of deceased respondent No.1, as mentioned in para-3 of the application (OMP(M) No.7 of 2026}, are ordered to be brought on record as respondents No.1(a) to 1(e), after condoning the delay and setting aside the abatement, if any. Applications are allowed subject to all just exceptions. Learned counsel for the applicant undertakes to file fresh amended memo of parties within three days. Registry is directed to carry out necessary corrections in the cause title. Accordingly, the applications stand disposed of. OMP(M) Nos.9 and 10 of 2026 The application {OMP(M) No.10 of 2026} has been filed for condonation of delay in filing the application {OMP(M) No.9 2026} for bringing on record the legal representatives of deceased respondent No.2 Roshani Devi, who is stated to have expired on 26.07.2024. The details of the legal representatives are mentioned in para-3 of the application. Notices were issued in the aforesaid applications. Mr.Vishvinder Singh, learned vice counsel, has put in appearance for all the proposed legal representatives of deceased Roshani Devi. Learned counsel for the non-applicants have no objection in case after condoning the delay, the legal representatives of deceased respondent No.2 are ordered to be brought on record as respondents No.2(i) to 2(vi). Consequently, in view of the averments as made in the applications, which are duly supported by affidavit(s) and in view of the submissions as made by learned counsel for the applicant, the legal representatives of deceased respondent No.2, as mentioned in para-3 of the application (OMP(M) No.9 of 2026}, are ordered to be brought on record as respondents No.2(i) to 2(vi), after condoning the delay and setting aside the abatement, if any. Applications are allowed subject to all just exceptions. Learned counsel for the applicant undertakes to file fresh amended memo of parties within three days. Registry is directed to carry out necessary corrections in the cause title. Accordingly, the applications stand disposed of. OMP(M) No.227 of 2025 The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the impugned judgment was passed by the learned District Judge on 24.10.2024. Counsel for the applicant applied for certified copy of the judgment and the same was delivered on 30.12.2024. It has further been averred that the disposal of the case was not within the knowledge of the applicant and the same was never intimated to the applicant. When the applicant had inquired about the pendency of the cases from its counsel in the State of Himachal Pradesh on closing of the year 2024, the applicant received information about the disposal of various such cases, however, the decision was never conveyed to the office of the applicant by its counsel. Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances. Learned counsel for the non-applicants have no objection in case the application is allowed. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of no objection as imparted by learned counsel for the non- applicants, the present application is allowed and delay in filing the appeal is condoned. Accordingly, the application stands disposed of. Arb. Appeal No._______ of 2026 Appeal be registered. Heard. Admit. Send for records. OMPST No.28768 of 2025 Be registered. Heard Subject to deposit of entire awarded amount along with up-to-date interest by the appellant/applicant within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 24.10.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 14.07.2022 during the pendency of appeal is ordered to be stayed. Application stands disposed of. ( Romesh Verma ) Judge May 18, 2026 (vt)