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High Court of Himachal Pradesh · body

2025 DAILYLAW 3000 (HP)

NHAI v. BABU RAM AND OTHERS

OMPM/141/2025 · 2026-05-25

Romesh Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NHAI vs. Babu Ram & Ors. OMP(M) No.141 of 2025 25.05.2026 Present: Mr. Santosh Kumar, Advocate, vice, Mr. Sumeet Raj Sharma, Advocate, for the applicant/appellant. 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 02.09.2024. It is averred that the counsel had applied the certified copy of the impugned judgment on 03.12.2024 and the same was delivered on 21.12.2024.Thereafter the copy of the judgment was supplied to the office of the applicant and immediate steps were taken for engaging the counsel for filing 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 and the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant/appellant. Notice of the application was sent to the respondents on 27.05.2025. Vide order dated 23.07.2025, passed by the Additional Registrar (J), the respondents were proceeded against ex-parte. Keeping in view the averments as made in the application, which is duly supported by an affidavit and in view of the submissions as made by the learned counsel for the applicant/appellant, the application is allowed and the delay in filing the present appeal is condoned. Application stands disposed off. Arb. Appeal No._______2026 (ARBAST No. 13149 of 2025) Appeal be registered. Heard. Admit. Record of the learned Court below be requisitioned. Issue post admission notices to the respondents, returnable within four weeks on taking steps within three days. OMPST No. 14611 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 02.09.2024, passed by the learned District Judge, Mandi, District Mandi and also the arbitral award dated 30.05.2023 shall remain stayed during the pendency of the appeal. The application stands disposed off. ( Romesh Verma) Judge May 25, 2026 ( veena)