Himachal Pradesh High Court
OMPM/173/2026 of NHAI Vs NISHA THAKUR AND OTHERS on 10 July 2026
Administrator & Project Director vs. Nisha Thakur & others OMP(M) No. 173 of 2026 10.07.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. Mr. Maan Singh, Advocate, for respondent No.1. Mr. Baldev Singh Negi, Addl. A.G., for respondents No. 2 and 3. The present application
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The Highway Administrator & Project Director vs. Nisha Thakur & others OMP(M) No. 173 of 2026
10.07.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant.
Mr. Maan Singh, Advocate, for respondent No.1.
Mr. Baldev Singh Negi, Addl. A.G., for respondents No. 2 and 3.
The present application has been filed for condonation of delay of 274 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi on 02.01.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 14.01.2025 and the same was delivered on 24.02.2025. However, the applicant was not aware about the final adjudication of the appeal before the learned District Judge. It has further been stated that the counsel for the applicant unfortunately met with an accident and was advised complete bed rest and due to his medical condition and consequent physical incapacity could not prepare and file the appeal within the prescribed time. 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.
Learned counsel for the non-applicants have no objection in case the application is allowed.
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.
OMPST No. 4017 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 judgment dated 02.01.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 20.11.2023, is ordered to be stayed during the pendency of appeal.
Application stands disposed of.
(Romesh Verma)
Judge 10th July, 2026
(kck)