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2026 DAILYLAW 19490 (HP)

NHAI v. ATMA RAM

OMPM/17/2026 · 2026-08-10

Romesh Verma

body2026

Judgment text

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NHAI vs. Atma Ram OMP(M) No. 17 of 2026 10.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant/appellant. Mr. Yuyutsu Singh Thakur, Advocate, for the respondent. OMP(M) No. 17 of 2026 The present application has been filed for condonation of 446 days’ delay in filing the present appeal. It is averred in the application that the certified copy of the judgment dated 03.06.2024 was applied on 01.07.2024, and the same was delivered on 29.08.2024 However, the disposal of the case was not within the knowledge of the appellant/applicant, as the same was never intimated to the appellant by its counsel. Earlier also, due to the inefficiency and lackadaisical attitude of the law firm/counsel, cases were withdrawn from the said law firm, namely, M/s M.V. Kini & Co., vide letters dated 20.09.2023 and 26.03.2024. It is stated that the applicant was under the bona fide belief that the instant case was pending. It came to the knowledge of the applicant only upon closing of the financial year that the objection petitions pertaining to Muhal Bhated had been disposed of. Thereafter, prompt action was taken to obtain the entire case file, and the present appeal was filed immediately. The applicant/appellant has further submitted that the delay in filing the present application is neither intentional nor deliberate, but has occurred on account of bona fide reasons, as stated in the application. The learned counsel for the non-applicant has no objection, in case the present application is allowed. In view of the averments as made in the application, which is duly supported by an affidavit and keeping in view the fact that the learned counsel for the non-applicant has no objection, the present application is allowed, and the delay in filing the appeal is condoned. Application stands disposed off. Arb. Appeal No.____/2026 (ARBAST No. 67072/2025) Appeal be registered. Heard. Admit. List for hearing in due course. In the meantime, record be requisitioned. Learned counsel for the appellant is directed to supply entire paper book to learned counsel for the respondent during the course of day. OMP No. _____of 2026 (OMPST 68988/25) 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 20.04.2023, passed by learned Arbitrator and judgment dated 03.06.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 222 of 2023, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed of. (Romesh Verma) Judge August 10, 2026 (Nisha)