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2025 DAILYLAW 3002 (HP)

Highway Administrator and Project Director v. Ram Rattan Dass AND ORS

OMPM/431/2025 · 2026-05-25

Romesh Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Highway Administrator and Project vs. Ram rattan Dass & others. OMP(M) No. 431 of 2025 25.05.2026 Present: Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for the applicant/ appellant. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent 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 has been averred 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 been further averred that the legal opinion was sought so as to determine future course of action and it is only when the the legal opinion was received by the office of the applicant/appellant, it transpired that the impugned judgment passed by the learned District Judge has to be assailed in this Court. It has further been averred that delay as occurred in filing the appeal, is neither intentional nor willful but the same has occurred due to unavoidable circumstances. Notice of the aforesaid application was issued on 28.10.2025. As per order passed by the learned Additional Registrar (Judicial) on 09.01.2026, respondent No.1 was duly served but no one had put in appearance on his behalf, hence, the said respondent was proceeded against ex-parte. 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 No. 2 and 3 has no objection in case the delay is condoned, Consequently, 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. 44865 of 2025) Appeal be registered. Heard. Admit. Record of the learned Court below be requisitioned. Issue post admission notice to respondent No.1 returnable within four weeks on taking steps within three days. OMPMST No. 44875 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 as well as 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)