Himachal Pradesh High Court
OMPM/175/2026 of NHAI Vs SUKH RAM on 7 August 2026
Sukh Ram OMP(M) No. 175 of 2026 07.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. None for the respondent. OMP(M) No. 175 of 2026 In sequel to order dated 03.06.2026, respondent stands duly served. Despite being duly served none has put in appearance on his behalf, hence, he
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
NHAI vs. Sukh Ram
OMP(M) No. 175 of 2026
07.08.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant.
None for the respondent.
OMP(M) No. 175 of 2026
In sequel to order dated 03.06.2026, respondent stands duly served. Despite being duly served none has put in appearance on his behalf, hence, he is proceeded ex-parte.
This is an application filed under Section 5 of the Limitation Act for condonation of delay. It has been stated in the application that certified copy of impugned order dated 21.11.2024 was applied on 06.03.2025 and delivered on 05.04.2025. However, the disposal of the case was not within the knowledge of the appellant/applicant, as the same was never intimated to the appellant by its counsel. Earlier also, due to inefficiency and lackadaisical attitude of the law firm/counsel, cases were withdrawn from the said law firm, namely, M/s M.V. Kini & Co., vide letters dated 20.09.2023 and 26.03.2024 (Annexure A-3).
Thereafter, prompt action was taken to obtain the entire case file, and the present appeal was filed immediately. It has been further stated that after the passing of the judgment, the applicant contacted the counsel in order to procure the entire case file for the preparation of the present appeal, and after obtaining the legal opinion, the matter was reviewed by the regional office, and thereafter, immediately and promptly, the instant appeal was filed. The learned counsel for the applicant has shown sufficient cause for delay in filing the appeal in the application for condonation of delay. The delay in filing the appeal was due to circumstances beyond the control of the present applicant.
In view of the averments as made in the application, which is duly supported by an affidavit and in view of the submissions as made by learned counsel for the applicant, the present application is allowed, and the delay in filing the appeal is condoned.
Application stands disposed of.
Arb. Appeal No.____/2026 (ARBST3916/2026)
Appeal be registered. Heard. Admit. List for hearing in due course.
Issue post admission notice to the respondent returnable within four weeks, on taking steps within three days.
In the meantime, record be requisitioned. OMP No. ____of 2026 (OMPST No. 3998 of 2026) Application be registered. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 14.07.2022, passed by learned Arbitrator and order dated 21.11.2024, passed by learned District Judge, Bilaspur, H.P. in Arbitration Application No. 303 of 2023, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today. Application stands disposed of.
(Romesh Verma)
Judge August 7, 2026 (Nisha)