Himachal Pradesh High Court
OMPM/330/2026 of NHAI Vs SADA RAM on 25 August 2026
Ram OMP(M) No. 330 of 2026 25.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. The present application has been filed for condonation of delay of 226 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Bilaspur
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NHAI vs. Sada Ram
OMP(M) No. 330 of 2026
25.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant.
The present application has been filed for condonation of delay of 226 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Bilaspur on 16.04.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 21.06.2025 and the same was delivered on 27.07.2025. However, 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.
As per the applicant, earlier also, due to inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co, cases were withdrawn from it on 20.09.2023. It is further submitted that the applicant was under bonafide belief that the instant case is pending before the learned District Judge, Bilaspur and on closing of the financial year, the applicant inquired from all the counsels/law firms about the pendency of all the cases pending in various forums throughout the State of H.P. and came to know that objection petitions pertaining to Mohal Kothi have been disposed of.
It is contended by the learned counsel for the applicant that the legal opinion was sought for determining the future course of action and the said opinion was received by the Regional Office. Thereafter, the matter was examined at various levels for the purpose of filing the appeal and finally it was decided to challenge the award as passed by the learned District Judge, Bilaspur. 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 the delay in filing the appeal is condoned. The application stands disposed of.
Arb. Appeal No._______/2026
Appeal be registered.
Heard.
Admit.
Send for records. Issue post admission notice for the service of the respondent, returnable within three weeks, on steps being taken within three days.
List for hearing in due course.
OMPST No. 7944 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, is ordered to be stayed during the pendency of appeal.
Application stands disposed of.
(Romesh Verma)
Judge 25th August, 2026
(kck)