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2025 DAILYLAW 3159 (HP)

NHAI v. ATMA RAM AND ORS

OMPM/373/2025 · 2026-06-24

Romesh Verma

body2025

Judgment text

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NHAI vs. Atma Ram & others OMP(M) No.373 of 2025 24.06.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant. Mr. Vivek Thakur, Advocate, vice counsel, for respondents No.1 and 2. Mr. Manish Thakur, Dy. A.G., for respondent No.3. OMP(M) No.373 of 2025 The present application has been filed for condonation of 261 days’ delay in filing the appeal. In the present application, it has been averred that the impugned judgment was passed by learned District Judge on 02.12.2024. The applicant had engaged M/s Kini Law Firm to challenge the arbitral award before the learned District Judge, Mandi. Thereafter, the engaged counsel vide its legal opinion decided to file the appeal against the impugned judgment and it is only then the applicant acquired the knowledge of passing of impugned judgment. The certified copy of impugned judgment was applied on 11.03.2025 and the same was delivered on 07.05.2025. 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-applicant 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 submissions as made by learned counsel for the applicant, the present application is allowed and delay in filing the appeal is condoned. Arb. Appeal No._______ of 2026 Appeal be registered. Heard. Admit. Send for records. List in due course. Mr. Sumeet Raj Sharma, Advocate, is directed to supply the entire paper book to learned counsel for the respondent, during the course of the day. OMPST No.45925 of 2025 Be registered. Subject to deposit of entire awarded amount along with up-to-date interest by the applicant/appellant, within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 02.12.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 18.04.2023 is ordered to be stayed. Application stands disposed of. ( Romesh Verma ) Judge June 24, 2026 (vt)