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2026 DAILYLAW 25377 (HP)

UOI AND OTHERS v. RAJENDER KUMAR AND OTHERS

OMPM/372/2026 · 2026-09-28

Romesh Verma

body2026

Judgment text

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Union Of India & others vs. Sh. Rajender Kumar & others OMP(M) No. 372 of of 2026 28.09.2026 Present: Mr. Sumeet Raj Sharma, Senior Advocate with Mr. Santosh Kumar, Advocate, for the applicants/ appellants. Mr. Manish Thakur, Deputy Advocate General, for respondent No.4. OMP(M) No. 372 of of 2026 The instant application has been filed for condonation of delay in filing the appeal. It has been contended that the impugned judgment was passed by the learned District Judge, Mandi on 12th November 2025. The certified copy of the judgment dated 12th November 2025 was applied on 12th December 2025 and the same was delivered on 18th December 2025. Due to inadvertence and oversight, the certified copy was misplaced and could not be traced. The misplacement of the copy was neither deliberate nor intentional, but occurred due to bona fide circumstances. Upon retrieval of the certified copy after diligent search, the applicants/appellants immediately took all necessary steps for the preparation and filing of the present appeal. The delay in filing the appeal is neither intentional nor willful, but occurred under unavoidable circumstances. This Court had issued notice for the service of the respondents on 28th July 2026. As per the report of the Registry, the respondents No. 1 to 3 have been duly served, however, none has put in appearance on their behalf. Therefore, they are proceeded ex-parte. In view of the averments made in the application, which is duly supported by an affidavit, and in view of the submissions made by the learned Counsel for the applicants/appellants the present application is allowed and the delay in filing the appeal is condoned. The application stands disposed of. Arb. Appeal No.____/2026 (ARBST No. 18923/2026) Appeal be registered. Heard. Admit. Record be requisitioned. Issue post admission notice for the service of respondents No. 1 to 3, returnable within four weeks, on taking steps within three days. OMP No. _____ of 2026 (OMPST No. 19879/2026) Be registered. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicants/appellants, execution, implementation and operation of impugned award dated 19.01.2024, passed by learned Arbitrator and judgment dated 12.11.2025, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 695 of 2024, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed of. (Romesh Verma) Judge September 28, 2026 (Nisha)