NHAI vs. Suman Lal & another OMP(M) No. 106 of 2026 17.06.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the applicant. Mr. Manish Thakur, DAG, for respondent No.2. In sequel to order dated 30.03.2026, notice was issued for the service of respondent No.1. As per report of the Registry, the said respondent has been duly served but none has appeared on his behalf. Consequently, the said respondent is proceeded against ex-parte. The present application has been filed for condonation of delay of 390 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi, on 02.12.2024. Learned counsel for the applicant had applied for certified copy of impugned judgment on 11.03.2025 and the same was delivered on 07.05.2025. However, the disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel. Earlier also, due to inefficiency and lackadaisical attitude of the said law firm, namely, M/s M.V. Kini & Co, cases were withdrawn from it on 20.09.2023 and 26.03.2024. It is further submitted that the applicant was under bonafide belief that the instant case is pending before the learned District Judge, Mandi and on closing of the financial year, the applicant inquired from all the counsels/law firms about the pendency of all the cases pending in various forums throughout the State of H.P. and then it has come to the knowledge of the applicant that the objection petitions pertaining to Mohal Palthin have been disposed of. Thereafter, the applicant immediately contacted its counsel in order to procure the certified copy as well as record for preparation of the instant appeal. Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances. Learned counsel for the non-applicant No.2 has no objection in case the application is allowed. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of submissions as made by learned counsel for the applicant, the present application is allowed and the delay in filing the appeal is condoned. Accordingly, the application stands disposed of. Arb. Appeal No._______/2026 Appeal be registered. Heard. Admit. Send for records. Issue post admission notice for the service of respondent No. 1, returnable within four weeks, on steps being taken within three days. OMPST No. 622 of 2026 Be registered. Heard. Subject to deposit of entire awarded amount along with up-to-date interest by the appellant/ applicant within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 02.12.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 18.04.2023, is ordered to be stayed during the pendency of appeal. Application stands disposed of. (Romesh Verma) Judge 17th June, 2026 (kck)