Himachal Pradesh High Court

OMPM/511/2025 of NHAI Vs ASHOK KUMAR AND ORS on 13 July 2026

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Ashok Kumar & others OMP(M) No. 511 of 2025 13.07.2026 Present: Mr. Santosh, Advocate, vice counsel for the applicant. The present application has been filed for condonation of delay of 340 days in filing the present appeal. It has been averred that the impugned judgment was passed by

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NHAI vs. Ashok Kumar & others

OMP(M) No. 511 of 2025

13.07.2026 Present: Mr. Santosh, Advocate, vice counsel for the applicant.

The present application has been filed for condonation of delay of 340 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi on 02.12.2024. Learned counsel for the applicant had applied for certified copy of impugned judgment on 11.03.2025 and the same was delivered on 21.03.2025. It is contended by the learned counsel for the applicant that the applicant engaged M/s Kini Law Firm to challenge the arbitral award before the learned District Judge, Mandi. The engaged counsel vide legal opinion dated 24.06.2025 opined the applicant to file an appeal against the award dated 02.12.2024. Thereafter, prompt steps were taken to file the appeal and in this process, delay has occurred. 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 the delay in filing the appeal is condoned. The application stands disposed of.

Arb. Appeal No._______/2026

Appeal be registered.

Heard.

Admit.

Send for records. List for hearing in due course.

Issue

post admission for the service of respondents No. 1 and 3, returnable within four weeks, on steps being taken within three days.

OMPST No. 57969 of 2025

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 02.12.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 05.04.2023, is ordered to be stayed during the pendency of appeal.

Application stands disposed of.

(Romesh Verma)

Judge 13th July, 2026

(kck)

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