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2026 DAILYLAW 21361 (HP)

NHAI v. NAIN PRAKASH AND OTHERS

OMPM/293/2026 · 2026-08-31

Romesh Verma

body2026

Judgment text

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The Highway Administrator and Project Director vs. Nain Prakash and others OMP(M) No.293 of 2026 31.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Maan Singh, Advocate, for respondent No.1. Mr. Baldev Singh Negi, Addl. A.G., for respondents No.2 and 3. OMP(M) No.293 of 2026 The present application has been filed for condonation of 274 days’ delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 02.01.2025. Learned counsel for the applicant has applied for certified copy of impugned judgment on 14.01.2025 and the same was delivered on 24.02.2025. 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of the said law firm, namely, M/s M.V. Kini & Co., as many as 362 cases pending in District Mandi/Bilaspur were withdrawn from the law firm and allotted to M/s Nishaank Mattoo & Associates vide letter dated 20.09.2023. 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-applicants 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 delay in filing the appeal is condoned. Accordingly, the application stands disposed of. Arb. Appeal No._______ of 2026 Appeal be registered. Heard. Admit. Send for records. List in due course. Learned counsel for the appellant is directed to supply entire paper book to learned counsel for the respondents within a period of three days from today. OMP No. of 2024 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 02.01.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 05.10.2023 during the pendency of appeal is ordered to be stayed. Application stands disposed of. ( Romesh Verma ) Judge August 31, 2026 (vt)