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2025 DAILYLAW 8122 (HP)

NHAI v. RATTAN LAL

OMPM/95/2023 · 2025-04-01

Jyotsna Rewal Dua

body2025

Judgment text

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NHAI Versus RATTAN LAL OMPM-95 of 2023 01.04.2025 Present : Mr. Sumeet Raj Sharma, Advocate, for the petitioner/applicant. Mr. Yuyutsu Singh Thakur, Advocate, for respondent(s)/non-applicant(s). OMPM Nos.194 & 195 of 2025 These applications have been moved for bringing on record legal representative of deceased-respondent and also for condoning the delay in taking such action. 2. Respondent No.1 died on 19.03.2023 that is after the passing of impugned judgment by the learned District Judge. The applicants became aware about the death of respondent No.1 after going through the report of process serving agency. The aforesaid reason cited by the applicants for condoing the delay, is cogent. Even otherwise, learned counsel for non-applicant/proposed legal representatives has no objection for allowing the application. 3. In view of above, both the applications are allowed. Delay in taking steps to bring on record the legal reprenstatives of deceased-respondent is condoned and the legal representatives detailed in para 4 of OMPM No.194 of 2024 are ordered to be brought on record. They shall now figure as respondent No.1(i) to 1(iii). Applications to stand disposed. Amended memo of parties be filed within four weeks. Registry is directed to do necessary correction in the cause-title. OMPM-95 of 2023 4. Heard. 5. The application is with the averments that the award was announced on 03.09.2022. The certified copy of the award was applied on 06.09.2022. It was prepared on 09.09.2022 and delivered to the applicant on 01.10.2022. Thereafter for instituting the appeal, some time was spent for arranging the documents, as a consequence, the appeal so instituted by the applicant became barred by 82 days. Upon hearing learned counsel for the applicant and going through the pleadings, I am satisfied that cogent reasons have been given for condoning the delay in instituting the appeal. Learned counsel for non-applicant/proposed legal representatives has no objection for allowing the application. Hence, the application is allowed. Delay as occurred in instituting the main appeal is condoned. Appeal be registered. The application to stand disposed of. OMP No.292 of 2025 Subject to deposit of entire awarded amount alongwith up-to-date interest in the Registry of this Court within four weeks, the execution and operation of order dated 03.09.2022 in Case No.31/2018 passed by the learned District Judge, Bilaspur, shall remain stayed. The application to stand disposed of. OMP No.293 of 2025 The application is disposed of with a direction to the applicant/petitioner to file complete typed/legible/ translated copies of the annexures in issue by the next date of hearing. Arbitration Appeal No.79 of 2025 List for consideration after four weeks. Jyotsna Rewal Dua Judge 1st April, 2025 (Pardeep)