Himachal Pradesh High Court
OMPM/331/2026 of NHAI Vs DEV RAJ SHARMA on 22 September 2026
Dev Raj Sharma OMP(M) No.331 of 2026 22.09.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant. None for the respondent. OMP(M) No.331 of 2026 In sequel to order dated 08.07.2026, notice on sole respondent stands duly served. However, none has appeared on his behalf. Hence,
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NHAI vs. Dev Raj Sharma
OMP(M) No.331 of 2026
22.09.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant.
None for the respondent.
OMP(M) No.331 of 2026
In sequel to order dated 08.07.2026, notice on sole respondent stands duly served. However, none has appeared on his behalf. Hence, the respondent is proceeded against ex parte.
The present application has been filed for condonation of 226 days’ delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 16.04.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 21.06.2025 and same was delivered on 22.07.2025. The disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel.
Earlier also, due to inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co., cases were withdrawn from the said law firm vide letters dated 20.09.2023 and 26.03.2024. When the applicant inquired from the law firm about the pendency of the cases in various Forums, and it is only then, it came to the knowledge of the applicant that the objection petitions pertaining to Mohal Kothi were disposed of. Due to the failure of the counsel/law firm to apprise the status of these cases decided by the court below, there has been a delay in filing the appeal.
Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances.
Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of submissions as made by learned counsel for the applicant, the present application is allowed and delay in filing the appeal is condoned.
Accordingly, the application stands disposed of.
Arb. Appeal No._______ of 2026
Appeal be registered.
Heard.
Admit.
Send for records.
Issue post admission notice to the respondent, returnable within four weeks, on taking steps within three days.
List in due course.
OMP No.________ of 2026
Be registered. Heard
Subject to deposit of entire awarded amount along with up-to-date interest by the appellant/applicant within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 16.04.2025, as passed by learned District Judge, Bilaspur as well as arbitral award dated 08.12.2022 during the pendency of appeal is ordered to be stayed.
Application stands disposed of.
( Romesh Verma )
Judge September 22, 2026
(vt)