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2025 DAILYLAW 2995 (HP)

Highway Administrator and Project Director v. Chane Ram AND ORS

OMPM/421/2025 · 2026-05-25

Romesh Verma

body2025

Judgment text

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Highway Administrator vs. Chane Ram & others OMP(M) No. 421 of 2025 25.05.2026 Present: Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for the applicant/appellant. Mr. Maan Singh, Advocate, for respondent No.1 Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No. 2 and 3. 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 Division, District Mandi, on 02.12.2024. It is averred in the application that the counsel had applied the certified copy of the impugned judgment on 14.01.2025 and the same was delivered on 24.02.2025. It has further been averred that after procuring the certified copy of the judgment, legal opinion was sought so as to determine future course of action and after obtaining the legal opinion, whereby it was opined to file the present appeal, steps were taken for institution of the present 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. Notices were issued in the present application on 27.10.2025. The respondent No.1 was duly served and he was proceeded against ex-parte on 13.03.2026 by the order of the Additional Registrar(Judicial). Today, when the case was listed, Mr. Maan Singh, Advocate has put in appearance on behalf of respondent No.1. He has no objection in case the present application is allowed. 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 respondent No.1 has 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. 44988 of 2025) Appeal be registered. Heard. Admit. Record of the learned Court below be requisitioned. List in due course. OMPST No. 45010 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 02.12.2024, passed by the learned District Judge, Mandi, District Mandi and also the arbitral award dated 05.10.2023 shall remain stayed during the pendency of the appeal. The application stands disposed off. ( Romesh Verma) Judge May 25, 2026 ( veena)