Himachal Pradesh High Court
OMPM/433/2026 of NHAI Vs JOGINDER KUMAR AND OTHERS on 10 September 2026
Joginder Kumar & others OMP(M) No.433 of 2026 10.09.2026 Present: Mr. Santosh Kumar, Advocate, vice counsel, for the applicant. Mr. Gurmeet Bhardwaj, Advocate, for respondent No.1. Mr. Ram Kumar, Advocate, for respondent No.2. Mr. Baldev Singh Negi, Addl. A.G., for respondent No.3. OMP(M)
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NHAI vs. Joginder Kumar & others
OMP(M) No.433 of 2026
10.09.2026 Present: Mr. Santosh Kumar, Advocate, vice counsel, for the applicant. Mr. Gurmeet Bhardwaj, Advocate, for respondent No.1. Mr. Ram Kumar, Advocate, for respondent No.2. Mr. Baldev Singh Negi, Addl. A.G., for respondent No.3.
OMP(M) No.433 of 2026
The present application has been filed for condonation of 52 days’ delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 22.11.2025. The applicant applied for certified copy of impugned judgment on 12.12.2025 and the same was delivered on 18.12.2025. As per the averments made in the application, due to inadvertence and oversight, the certified copy was misplaced and could not be traced despite best efforts. The misplacement of the copy was neither deliberate nor intentional, but happened on account of bona fide circumstances.
It has been contended that upon retrieval of the certified copy after due diligence, all necessary steps were taken for preparation and filing of the instant appeal. The delay in filing the appeal is neither intentional nor deliberate, but the same has occurred due to unavoidable circumstances.
Learned counsel for the non-applicants have no objection in case the prayer made in the application is allowed.
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.
The 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
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 22.11.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 18.01.2024 during the pendency of appeal is ordered to be stayed.
Application stands disposed of.
( Romesh Verma )
Judge September 10, 2026
(vt)