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2025 DAILYLAW 3267 (HP)

STATE OF HP AND ANR v. Vineet Patial

CARAP(M)/16/2025 · 2026-07-08

Sandeep Sharma

body2025

Judgment text

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State of Himachal Pradesh vs. Vineet Patial CARAP(M) No.16 of 2025 08.07.2026 Present Mr. Navlesh Verma, Additional Advocate General, for the applicants. Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Advocate, for the non-applicant/respondent. By way of instant application filed under Section 34(3) of the Arbitration and Conciliation Act, prayer has been made on behalf of the applicants for condonation of delay in filing the objections. Pursuant to the notice issued in the instant proceedings, non-applicant/respondent has filed the reply, wherein prayer made on behalf of the applicants has been opposed on the ground that no plausible explanation ever came to be rendered on record qua filing the objections under Section 34 of the Arbitration and Conciliation Act. Though, repeatedly time was granted to the applicants for filing rejoinder, but fact remains that till date, no rejoinder has been filed. Careful perusal of the averments contained in the application reveal that delay in maintaining the accompanying objections/petition is neither intentional nor deliberate, rather on account of lengthy administrative process. Impugned award was passed by learned Arbitrator on 23.06.2025 and singed copy of the award was received in the Department on 25.06.2025, but thereafter considerable time was consumed in taking approvals and file moved from one table to other and finally approval was given by Engineer-in-Chief on 4th October, 2025, but even thereafter 30 days time was taken by the applicants to prepare and file the objections in the competent Court of law. This Court finds that objections have been filed alongwith the present application though beyond three months but within a further period of 30 days from the date of expiry of three months. Since delay in filing the objections is on account of callous and negligent attitude of the officials of the department, this Court, while condoning the delay in maintaining the objections, deems it fit to impose cost amounting to Rs.10, 000/- payable by the applicants to the non- applicant/respondent. Accordingly, the present application is allowed and delay in filing the objections beyond three months is condoned, subject to payment of costs amounting to Rs.10,000/- which shall be payable to the non-applicant/respondent. The application stands disposed of. CARBC No.____2026 Admit. Reply, if any, be filed within a period of eight weeks. Record of learned Arbitrator be called for. CMP No. ____ of 2026 Subject to the appellants depositing the entire awarded amount along with up-to-date interest, within a period of eight weeks from today, operation of the impugned award dated 23.06.2025, passed by learned Arbitrator shall remain stayed. Application stands disposed of. (Sandeep Sharma) Judge July 08, 2026 (shankar)