Himachal Pradesh High Court
OMPM/14/2026 of NHAI Vs RAJESH KUMAR AND ANOTHER on 15 July 2026
Rajesh Kumar & another OMP(M) No. 14 of 2026 15.07.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant/appellant. Mr. Malay Kaushal, Advocate, for the respondents. OMP(M) No. 14 of 2026 The present application has been filed for condonation of delay in filing the present
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NHAI vs. Rajesh Kumar & another
OMP(M) No. 14 of 2026
15.07.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel, for the applicant/appellant.
Mr. Malay Kaushal, Advocate, for the respondents.
OMP(M) No. 14 of 2026
The present application has been filed for condonation of delay in filing the present appeal.
It is averred in the application that the certified copy of the judgment dated 03.06.2025 was applied on 21.06.2025, and the same was delivered on 22.07.2025. 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Earlier also, due to the inefficiency and lackadaisical attitude of the law firm/counsel, cases were withdrawn from the said law firm, namely, M/s M.V. Kini & Co., vide letters dated 20.09.2023 and 26.03.2024.
It is stated that the applicant was under the bona fide belief that the instant case was pending. It came to the knowledge of the applicant only upon closing of the financial year 2024–2025 that the objection petitions pertaining to Muhal Bhated had been disposed of.
Thereafter, prompt action was taken to obtain the entire case file, and the present appeal was filed immediately. The applicant/appellant has further submitted that the delay in filing the present application is neither intentional nor deliberate, but has occurred on account of bona fide reasons, as stated in the application.
The learned counsel for the non-applicants has no objection, in case the present application is allowed. In view of the averments as made in the application, which is duly supported by an affidavit and keeping in view the fact that the learned counsel for the non-applicants has no objection, the present application is allowed, and the delay in filing the appeal is condoned. Application stands disposed off.
Arb. Appeal No.____/2026 (ARBAST No. 69493/2025)
Appeal be registered. Heard. Admit. List for hearing in due course. In the meantime, record be requisitioned.
Learned counsel for the appellant is directed to supply entire paper book to learned counsel for the respondents during the course of day. OMP No. _____of 2026 (OMPST 70060/25) 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 26.07.2022, passed by learned Arbitrator and judgment dated 03.06.2025, passed by learned District Judge, Bilaspur, H.P. in Arbitration No. 8 of 2023, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today.
Application stands disposed off.
(Romesh Verma)
Judge July 15, 2026 (Nisha)