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2026 DAILYLAW 23784 (HP)

HARISH KUMAR GUPTA v. GUMAN SINGH

CMP.M/1098/2026 · 2026-09-21

Romesh Verma

body2026

Judgment text

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Harish Kumar Gupta vs. Guman Singh CMP (M) No. 1098/2026 21.09.2026 Present: Mr. Mukesh Sharma, Advocate, vice counsel for the applicant. Ms. Upasna Thakur, Advocate, for the respondent. CMP No. 17039/2026 For the reasons stated in the application, the same is allowed and delay in re-filing the appeal is condoned. The application stands disposed of. CMP (M) No. 1098/2026 Heard. The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that the certified copy of the impugned judgment, dated 18.08.2025 was applied on 23.08.2025 and received by the applicant on 06.09.2025. As per case of the applicant, he approached the counsel in the last week of November, 2025 along with certified copy of the aforesaid judgment to file the instant appeal, however learned counsel advised him to bring the complete file. Thereafter, the applicant rushed to Ponta Sahib to collect the entire case file, however the same, according to the learned counsel at Ponta Sahib, was misplaced. The entire case file was made available to the applicant in the last week of December, 2025 and thereafter, prompt action was taken for preparation of the appeal. Thus, it has been averred that the aforesaid delay is neither intentional nor deliberate, but has occurred due to unavoidable circumstances, which were beyond the control of the applicant. Learned counsel for the respondent submits that she has no objection for the instant application being allowed. Consequently, in view of the reasons stated in the application, which is duly supported by an affidavit, coupled with submissions made by the learned vice counsel for the applicant, delay in filing the main appeal is condoned. Appeal be registered. Application stands disposed of. Arb. Appeal No. /2026 List for admission after two weeks. Learned vice counsel for the appellant is directed to supply a copy of entire paper-book to learned counsel for the respondent during the course of the day. CMP No. /2026 Be registered. The applicant is exempted from filing certified copy of document, Annexure A-2 at this stage subject to filing of the same within seven days as and when directed to do so. The application stands disposed. (Romesh Verma) Judge 21.09.2026 (pankaj)