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2025 DAILYLAW 29912 (HP)

KIRPA RAM v. Project Director NHAI AND ORS

OMPM/433/2025 · 2025-10-28

Ranjan Sharma

body2025

Judgment text

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Kirpa Ram versus Project Director of National Highways Authority of India and others OMP(M) No.433 of 2025 28.10.2025 Present: Surender Kumar Saklani, Advocate, for the applicant. Mr. Sumeet Raj Sharma, Advocate, for respondents No. 1 and 2. Ms. Ayushi Negi, Deputy Advocate General for respondent No.3-State. OMP(M) No.433 of 2025 Applicant-Kirpa Ram has filed the instant application under Section 5 of the Limitation Act, seeking condonation of 10 days’ delay in filing the accompanying appeal assailing the impugned judgment dated 16.06.2025 passed by the Learned District Judge Mandi. 2. Perusal of Para 3 of the application indicates that though the judgment was passed on 16.06.2025 and was delivered on 15.07.2025 but, the applicant was made to understand that the limitation for filing the appeal is 90 days from receipt of copy of the judgment [15.07.2025]. It is further averred that due to wrong legal advice delay had occurred, which is bonafide. Application is supported by an affidavit. 3. Upon listing of this application, Learned Counsel for the non-applicant-respondent-NHAI vehemently opposes the application. 4. Taking into account the entirety of the facts and circumstances and the averments made in the application and the fact that substantive rights cannot be defeated on the basis of wrong advice rendered at the relevant time, coupled with the fact that the delay appears to be bonafide and genuine and is nominal. Therefore, the instant application seeking condonation of 10 days’ delay in filing the accompanying appeal is allowed to meet the ends of justice. Application stands disposed of. Arbitration Appeal No. __________of 2025 Appeal be registered. 2. Heard. 3. Notice. Mr. Sumeet Raj Sharma, Advocate and Ms. Ayushi Negi, Learned Deputy Advocate General, accept service of notice on behalf of respondents No. 1 and 2 and for respondent No.3, respectively. 4. Let records of Learned Court below be requisitioned. List the matter after six weeks. 28th October, 2025 (Ranjan Sharma) (himani] Judge