Himachal Pradesh High Court

OMPM/269/2026 of NHAI Vs RAJ KUMAR AND OTHERS on 15 July 2026

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Raj Kumar OMP(M) No.269 of 2026 15.07.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant. Mr.J.P. Sharma, Advocate, vice counsel, for respondents No.1 to 3. Mr. Baldev Singh Negi, Addl. A.G., for respondent No.4. OMP(M) No.269 of 2026 The present application has been filed

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NHAI vs. Raj Kumar

OMP(M) No.269 of 2026

15.07.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant.

Mr.J.P. Sharma, Advocate, vice counsel, for respondents No.1 to 3. Mr. Baldev Singh Negi, Addl. A.G., for respondent No.4.

OMP(M) No.269 of 2026

The present application has been filed for condonation of 329 days’ delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 07.03.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 12.06.2025 and the same was delivered on 20.06.2025. 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.

Earlier also, due to inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co., cases were withdrawn from the law firm vide letters dated 20.09.2023 and 26.03.2024. On Closing of the financial year, the applicant inquired from the law firm about the pendency of the cases in various Forums, and it is only then, it came to the knowledge of the applicant that the objections petitions pertaining to Mohal Dehar were disposed of. Due to the failure of the counsel/ law firm to apprise the status of these cases decided by the court below, there has been a delay in filing the appeal.

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 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 is directed to supply copy of the entire paper book to the learned counsel for the respondents during the course of the day.

OMPST No.3946 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 07.03.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 30.05.2023 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma )

Judge July 15, 2026

(vt)

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