OMPM/313/2026 of NHAI Vs RAJENDER PAL AND OTHERS on 24 September 2026

NHAI vs. Rajender Pal & others OMP(M) No. 313 of 2026 24.09.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. None for respondents No. 1 to 3. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No. 4. OMP(M) No. 313 of 2026 Notice issued to respondents No. 1 to 3 stands duly served but none has put in appearance on their behalf. Hence, they are proceeded against ex-parte. The instant application has been filed under Section 5 of the Limitation Act for condonation of delay in filing the appeal. It has been stated in the application that the impugned Judgment was passed by the learned District Judge on 7th March, 2025. The certified copy of the impugned order was applied by the learned counsel for the applicant on 12th June, 2025, prepared on 18th June, 2025, and delivered on 26th June, 2025. However, the disposal of the case was not within the knowledge of the applicant, as the same was never intimated to them by their counsel. Earlier also, due to the inefficiency and the lackadaisical attitude of the law firm, cases were withdrawn from the law firm, namely, M/s M.V. Kini & Company, vide letters dated 20.09.2023 and 26.03.2024. On the closing of the financial year, the applicant inquired from the law firm about the pendency of the cases. It is only then that it came to the notice of the applicant that the objection petitions pertaining to Mohal Dehar have been disposed of. Immediately, thereafter, steps were taken for the collection of the record and preparation of the instant appeal. The delay in filing the appeal is neither intentional nor deliberate, however, the same had occurred due to unavoidable circumstances. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit, and keeping in view the submission as made by learned counsel for the applicant, the present application is allowed and the delay in filing the appeal is condoned. The application stands disposed of. Arb. Appeal No.____/2026 (ARBAST No. 9569/2026) Appeal be registered. Heard. Admit. List for hearing in due course. In the meantime, record be requisitioned. OMP No. _____ of 2026 (OMPST No. 9576/2025) Be registered. Heard. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 30.05.2023, passed by learned Arbitrator and judgment dated 07.03.2025, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 967 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 24, 2026 (Nisha)