Himachal Pradesh High Court
OMPM/212/2024 of NHAI Vs SURENDER SINGH on 5 August 2026
Surender Singh OMP(M) No.212 of 2024 05.08.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant. Mr. Yuyutsu Singh Thakur, Advocate, for the respondents. OMP(M) No.212 of 2024 The instant application has been filed for condonation of 154 days delay in filing the present
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NHAI vs. Surender Singh
OMP(M) No.212 of 2024
05.08.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant. Mr. Yuyutsu Singh Thakur, Advocate, for the respondents.
OMP(M) No.212 of 2024
The instant application has been filed for condonation of 154 days delay in filing the present appeal. As per the averments as made in the application, the impugned judgment was passed on 18.11.2023. The certified copy of the judgment was applied by the learned counsel for the applicant on 12.12.2023 and the same was attested on 15.01.2024 and delivered on 15.01.2024. 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attitude of the law firm, namely, M/s M.V. Kini & Co., as many as 362 cases pending in District Bilaspur were withdrawn from the said law firm. The applicant was under bona fide belief that the instant case is pending before Learned District Judge, Bilaspur. 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 has no objection in case the application is allowed
Consequently, in view of the averments made in the application, especially paragraphs 3, 4 & 5, which is duly supported by an affidavit and in view of submissions as made by learned vice 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.
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 order dated 18.11.2023, as passed by learned District Judge, Bilaspur as well as arbitral award dated 09.07.2018 during the pendency of appeal is ordered to be stayed.
Accordingly, the application stands disposed of.
( Romesh Verma )
Judge August 05, 2026
(vt)