Himachal Pradesh High Court

OMPM/371/2026 of NHAI Vs PAWAN KUMAR AND OTHERS on 29 September 2026

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Kumar & others OMP(M) No. 371 of 2026 29.09.2026 Present: Mr. Sumeet Raj Sharma, Senior Advocate with Mr. Santosh Kumar, Advocate, for the applicant/ appellant. Mr. Gurmeet Bhardwaj, Advocate, for respondents No. 1 to 4. Mr. Baldev Singh Negi, Additional Advocate General, for respondent

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NHAI vs. Pawan Kumar & others OMP(M) No. 371 of 2026 29.09.2026 Present: Mr. Sumeet Raj Sharma, Senior Advocate with Mr. Santosh Kumar, Advocate, for the applicant/ appellant. Mr. Gurmeet Bhardwaj, Advocate, for respondents No. 1 to 4. Mr. Baldev Singh Negi, Additional Advocate General, for respondent No.5. OMP(M) No. 371 of 2026 The instant application has been filed for condonation of delay in filing the present appeal. It has been contended in the application that the impugned judgment was passed by the learned District Judge, Mandi, HP on 15th of November, 2025. It is stated in the application that the certified copy of the impugned judgment was delivered on 18th December, 2025. Due to inadvertence and oversight, the certified copy was misplaced and could not be traced despite best efforts. The misplacement of the certified copy was neither deliberate nor intentional, but occurred due to bona fide circumstances. Upon retrieval of the certified copy after diligent search, the applicant immediately took all necessary steps for the preparation and filing of the present appeal before this Court. It has been contended that the delay in filing the appeal is neither intentional nor willful, but the same has occurred under unavoidable circumstances. Learned counsel for the respondents have no objection in case the present application is allowed. In view of the averments made in the application, which is duly supported by an affidavit, and in view of no objection on behalf of the learned counsel for the non-applicants, the same is allowed and the delay in filing the appeal is condoned. Application stands disposed of. Arb. Appeal No.____/2026 (ARBST No. 18924/2026) Appeal be registered. Heard. Admit. List for hearing in due course. In the meantime, record be requisitioned. Learned counsel for the appellant is directed to supply the entire paper book to the learned counsel for the respondents during the course of the day. OMP No. _____ of 2026 (OMPST No. 19878/2026) Be registered. Subject to deposit of entire awarded amount alongwith up- to-date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 27.01.2024, passed by learned Arbitrator and judgment dated 15.11.2025, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 700 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 29, 2026 (Nisha)

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