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2026 DAILYLAW 11521 (HP)

NHAI v. RAKESH KUMAR AND OTHERS

OMPM/115/2026 · 2026-06-04

Romesh Verma

body2026

Judgment text

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NHAI vs. Rakesh Kumar & others OMP(M) No. 115 of 2026 04.06.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant/ appellant. Mr. Yuyutsu Singh Thakur, Advocate, for the repsondents. OMP(M) No. 115 of 2026 The present application has been filed for condonation of delay in filing the present appeal. It is averred that the certified copy of the judgment dated 02.12.2024 was applied on 11.03.2025 and the same was delivered on 07.05.2025. However, the disposal fo the case was not brought to the knowledge of the applicant/appellant by its counsel. Earlier also due to inefficiency and lackadaisical attitude of the law firm namely M/S M.V. Kini & Co. many cases pending in District Mandi/Bilaspur were withdrawn from the said law Firm vide letter dated 20.09.2023 and 26.03.2024 (Annexure A-2) (colly). Immediately, thereafter, necessary steps were taken by the applicant to file the present appeal. The applicant has further submitted that the delay in filing the present appeal is neither intentional nor deliberate, but has occurred on account of bona fide reasons, as stated in the application. In view of the averments made in the application, which is duly supported by an affidavit, and in view of the submissions made by learned counsel for the applicant, the present application is allowed, and the delay in filing the appeal is condoned. Application stands disposed off. Arb. Appeal No.____/2026 (ARBAST No. 70496/2025) Appeal be registered. Heard. Admit. List for hearing in due course. In the meantime, record be requisitioned. Mr. Yuyutsu Singh Thakur, Advocate, has put in appearance on behalf of the respondents. He seeks and is granted two weeks’ time to file the power of attorney. Henceforth, the name of Mr. Yuyutsu Singh Thakur, Advocate, be reflected in the cause list as counsel for the respondents. OMP No. _____of 2026 (OMPST 625/26) Application be registered. Subject to deposit of entire awarded amount alongwith up to date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 05.04.2023, passed by Arbitrator and judgment dated 02.12.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 638 of 2024, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed off. (Romesh Verma) Judge June 4, 2026 (Nisha)