Highway Administrator and Project Director v. Brestu AND ORS
OMPM/434/2025 · 2026-07-09
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3270 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3270 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Highway Administrator and Project Director Vs Brestu & Ors.
OMP(M) No. 434 of 2025 09.07.2026 Present: Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for the applicant. None for respondent No. 1. Mr. Tejasvi Sharma, Mr. H.S. Rawat, Additional A.Gs., with Ms. Ranjna Patial, Deputy A.G., for respondents No. 2 and 3. Reply on behalf of respondents No. 2 and 3 not filed. Today is last opportunity. Further adjournment for this purpose is not justifiable. As such, right to file reply on behalf of respondents No. 2 and 3, is ordered to be closed by the orders of the Court.
2. By way of the present application, a prayer has been made to condone the delay in filing the accompanying appeal. As per the report of the Registry, the delay is of about 150 days, in filing the accompanying appeal. As per the application, said appeal could not be filed within the prescribed period of limitation, due to the administrative exigencies as mentioned in paras 3 and 4 of the application. Said contents are duly supported by the affidavit of Project Director.
3. Despite opportunities, reply has not been filed. As such, the ground, upon which the condonation of delay has been sought remained uncontroverted.
4. Considering the stand taken by the applicant, this Court is of the view that the applicant is able to make out a case for condonation of delay. Consequently, the application is allowed and delay in filing the accompanying appeal is ordered to be condoned.
5. Application is, thus, disposed of. Arb. Appeal No. _______ of 2026
6. Vide order of the even date, passed in OMP(M) No. 434 of 2025, the delay in filing the appeal has been ordered to be condoned. Be registered.
7. Admit.
8. Call for the record.
OMPST No. 44878 of 2025
9. Application is considered and allowed. During the pendency of the appeal, which has been admitted, the execution of the award dated 05.10.2023, passed by the Divisional Commissioner Mandi, exercising the power of Arbitrator, in case No. 1154/2017, is ordered to be stayed, subject to the condition that the applicant shall deposit the entire awarded amount, along with up
todate interest, within a period of eight weeks, from today. The application stands disposed of. Alteration/ modification/vacation on motion. ( Virender Singh )
Judge 09th July, 2026 (Pramod Kumar)