Himachal Pradesh High Court
OMPM/273/2026 of NHAI Vs JAGDISH (since deceased) THROUGH LRs AND OTHERS on 18 August 2026
Jagdish (deceased) through LRs & others OMP(M) No.273 of 2026 18.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Yug and Ms. Ananya, Advocates, for respondents No.1(i), 2(i), 4, 5, 7, 8. Mr. Malay Kaushal, Advocate, for respondents No.1(ii) and 3. OMP(M) No.273 of 2026
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NHAI vs. Jagdish (deceased) through LRs & others OMP(M) No.273 of 2026
18.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Yug and Ms. Ananya, Advocates, for respondents No.1(i), 2(i), 4, 5, 7, 8. Mr. Malay Kaushal, Advocate, for respondents No.1(ii) and 3. OMP(M) No.273 of 2026
The instant application has been filed for condonation of 289 days delay in filing the present appeal. As per the averments as made in the application, the impugned judgment was passed on 13.01.2025. The certified copy of the judgment was applied by the learned counsel for the applicant on 06.03.2025 and the same was delivered on 05.04.2025. As per the case of the applicant, disposal of the case was not within their knowledge and the same was never intimated to the applicant by its counsel. It has further been submitted that earlier also due to the inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co., cases were withdrawn from the said law firm vide letters dated 20.09.2023 and 26.03.2024. The applicant was under bona fide belief that the instant case is pending before Learned District Judge, Mandi. However, due to the failure on the part of the law firm to apprise the status of the cases, the delay has occurred in filing the instant appeal. The delay in filing the appeal is neither intentional nor willful, but the same has occurred under unavoidable circumstances.
Learned counsel for the non-applicants have no objection in case the application is allowed.
Consequently, in view of the averments made in the application, especially paragraphs 2, 3, 4 & 5, 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.
List in due course.
Learned counsel for the appellant to supply entire paper book to 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 13.01.2025, as passed by learned District Judge, Bilaspur as well as arbitral award dated 23.01.2023 during the pendency of appeal is ordered to be stayed.
Application stands disposed of.
( Romesh Verma )
Judge August 18, 2026
(vt)