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2026 DAILYLAW 26517 (HP)

HP STATE CIVIL SUPPLIES CORPORATION LTD. v. VICTORY OIL GRAM UDYOG ASSOCIATION AND ANOTHER

CARAP(M)/31/2026 · 2026-10-09

Sandeep Sharma

body2026

Judgment text

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HP STATE CIVIL SUPPLIES CORPORATION LTD. Versus M/s VICTORY OIL GRAM UDYOG ASSOCIATION AND ANOTHER CARAP(M)-31 of 2026 09.10.2026 Present: Mr. Kumar Kaustubh, Advocate, for the appellant. Mr. Kiran Sharma, Advocate, for respondent No.1. Mr. Sanjay Dutt Vasudeva, Deputy Advocate General, for respondent No.2. CARAP(M)-31 of 2026 By way of instant application filed under Section 5 of Limitation Act, prayer has been made on behalf of the applicant/ appellant for condonation of delay in maintaining the accompanying appeal, which is barred by limitation. Pursuant to notices issued in the instant application, Mr. Gunjan Sharma, Advocate and Mr. Sanjay Dutt Vasudeva, learned Deputy Advocate General have put in appearance on behalf of respondents. They state that they do not intend to file reply and shall have no objection in case prayer made in the application is allowed. Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court finds no impediment in accepting the prayer, especially when delay caused in maintaining accompanying appeal does not appear to be intentional or willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant/appellant, as such, the same deserves to be condoned. In view of above, delay, which has been otherwise sufficiently explained is condoned. The application is disposed of. Appeal be registered. CARBA No. _________ of 2026 (CARBAST58472/2026) Admit. Notice. Mr. Gunjan Sharma, Advocate and Mr. Sanjay Dutt Vasudeva, learned Deputy Advocate General, appear and accept service of notice on behalf of respondents No.1 & 2, respectively. List for hearing in due course. In the meanwhile, record of Court below be called for. CARAP No._______ of 2026 (CARAPST58475/26) Reply, if any, be filed on or before the next date of hearing. In the meanwhile, subject to the appellant depositing the entire awarded amount along with up-to-date interest, within a period of six weeks from today, operation of the impugned judgment dated 21.05.2026, passed by learned District Judge, Shimla, Himachal Pradesh (Exercising the Powers of Commercial Court) in Arbitration Case No.40-S/2 of 2023/2019, ttiled as H.P. State Civil Supplies Corporation Limited Vs. M/s Victory Oil Gram Udyog Association and Another, shall remain stayed. (Sandeep Sharma), Judge October 09, 2026 (Sunil)