Himachal Pradesh High Court
OMPM/283/2026 of NHAI Vs KESARI DEVI on 6 October 2026
Devi OMP (M) No. 283/2026 06.10.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the appellant. None for the respondent. OMP (M) No. 283/2026 In sequel to order, dated 10.07.2026, respondent stands duly served, however there is no appearance on her behalf. Therefore, the respondent is
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NHAI vs. Kesari Devi
OMP (M) No. 283/2026
06.10.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the appellant.
None for the respondent.
OMP (M) No. 283/2026
In sequel to order, dated 10.07.2026, respondent stands duly served, however there is no appearance on her behalf. Therefore, the respondent is proceeded ex-parte.
The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that even though copy of the impugned judgment, dated 03.06.2024 was applied by the counsel on 01.07.2024 and delivered on 29.08.2024 however disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel/Law Firm i.e. M/s M.V. Kini & Co. Due to such inefficiency and lackadaisical attitude of the aforesaid Law Firm, cases were withdrawn from it and allotted to M/s Nishank Mattoo & Associates vide letter dated 20.9.2023. On closing of the financial year 2024-25, when the applicant inquired from all the Law Firms about pendency of all the cases pending in various Forums, it came to the knowledge of the applicant that objection petitions pertaining to Muhal Bagthedu have already been disposed of. Accordingly prompt action was taken for preparation of the appeal. Thus, the aforesaid delay is neither intentional nor deliberate, but has occurred due to unavoidable circumstances, which were beyond the control of the applicant.
For the reasons stated in the application, more particularly, paras 3 to 5 thereof, 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
Heard. Admit. Send for the records. Issue post admission notice to the respondent returnable within four weeks, on taking steps within three days. OMP No. /2026
Be registered. Heard. Subject to the applicant’s depositing entire awarded amount along with upto date interest in the Registry of this Court within a period of eight weeks from today, operation, implementation and execution of the impugned judgment as also the impugned arbitral award, shall remain stayed during the pendency of the appeal. Application stands disposed of.
(Romesh Verma)
Judge 06.10.2026 (pankaj)