NATIONAL HIGH WAY AUTHORITY OF INDIA v. BHAGAT RAM AND OTHERS
OMPM/313/2024 · 2025-12-18
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38497 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38497 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
NHAI Vs. Bhagat Ram and Ors
OMP(M) No.313 of 2024
18.12.2025 Present: Ms. Sneh Bhimta, Advocate, for the
applicant/ appellant.
Mr. Malay Kaushal, Advocate, for the respondents.
OMP(M) Nos. 308 & 310 of 2025
Heard. These two applications have been moved by the applicant/appellant for bringing on record legal heirs of deceased respondent No.1, Sh. Bhagat Ram, who is stated to have died on 24.02.2021. The legal heirs, as detailed in para-3 of the application stand served.
Learned counsel appearing for these legal heirs does not object to the prayers made in the applications. Accordingly, both the applications are allowed in terms of their prayer clause. Consequently, legal heirs mentioned in para-3 of OMP(M) No. 308 of 2025, are ordered to be brought on record as respondents No.1(i) to1(viii).
Notice is not required to be issued to these legal heirs of deceased respondent No.1, as they are being represented by their learned counsel.
-2-
Applications to stand disposed of.
OMP(M) Nos. 309 & 311 of 2025
These two applications have been moved by the applicant/appellant for bringing on record legal heirs of deceased respondent No.2, Sh. Ramdhan, who is stated to have died on 18.03.2024. The legal heirs, as detailed in para-3 of the application stand served.
Learned counsel appearing for these legal heirs does not object to the prayer made in the applications. Accordingly, both the applications are allowed in terms of their prayer clause. Consequently, legal heirs mentioned in para-3 of OMP(M) No. 311 of 2025, are ordered to be brought on record as respondents No.2(i) to 2(v). Notice is not required to be issued to these legal heirs of deceased respondent No.2, as they are being represented by their learned counsel. Applications to stand disposed of. OMP(M) No. 313 of 2024 Reply to the application has not been filed. -3-
Applicant/appellant seeks condonation of 146 days’ delay in instituting the main appeal. The applicant has pleaded that the impugned judgment was pronounced by the learned District Judge on 27.12.2023. Its certified copy was applied on 16.01.2024. The same was completed on
14.02.2024. However, disposal of the case on 27.12.2023 was not within the knowledge of the applicant as the same was never intimated to it by its counsel. The application is with the further averments that the applicant became aware about the disposal of the main case on closing of the financial year, the empaneled counsel for the applicant throughout the State of H.P. were directed to furnish the information of the pendency or otherwise of the cases of the appellant. That it is only thereafter the applicant came to know about the fact that the instance case had been disposed of on 27.12.2023. However, this fact was not brought to the notice of the applicant by its counsel. -4-
The applicant further submits that due to such inefficient and lackadaisical attitude of the said law firm/counsel, M/s M.V. Kini & Co., 362 cases pending in District Mandi have been withdrawn and had been allotted to some other firm. The reasons for the delay in filing the appeal have been attributed upon having no information about disposal of the case from the counsel conducting the said case. The applicant has demonstrated its bona fide by pleading that it has already withdrawn its cases from the law firm conducting the aforesaid cases. Even otherwise, there is no opposition to the prayer made in the application. For the cogent reasons given and established in the application, the delay in filing the main appeal is condoned. The application to stand disposed of. Arb. Appeal No.____/2025 (ARBAST No.38193/2024
Be registered.
List for consideration during the course of next week. -5-
OMP No.____/2025 (OMPST No.38252/2024)
Be registered. Heard. Subject to deposit of entire awarded amount alongwith up to date interest in the Registry of this Court within two weeks, operation and execution of award dated 27.12.2023, passed by the learned District Judge Bilaspur, H.P. in Arbitration Case No. 65/2019 (National Highways Authority of India Vs. Bhagat Ram and Ors), shall remain stayed. Application to stand disposed of. Jyotsna Rewal Dua
Judge December 18, 2025 (R.Atal)