Himachal Pradesh High Court

OMPM/181/2025 of THE HIGHWAY ADMINISTRATOR AND PROJECT DIRECTOR PIU MANDI Vs ASHOK KUMAR AND ORS on 8 July 2026

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Administrator & Project Director vs. Ashok Kumar & others OMP(M) No. 181 of 2025 08.07.2026 Present: Mr. Santosh, Advocate, vice counsel for the applicant. Mr. Baldev Singh Negi, Addl. A.G., for respondents No. 2 and 3. As per report of the Registry respondent No.1 has been duly

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The Highway Administrator & Project Director vs. Ashok Kumar & others OMP(M) No. 181 of 2025

08.07.2026 Present: Mr. Santosh, Advocate, vice counsel for the applicant.

Mr. Baldev Singh Negi, Addl. A.G., for respondents No. 2 and 3.

As per report of the Registry respondent No.1 has been duly served but none has appeared for the said respondent, hence he was proceeded against ex-parte by the order of Additional Registrar (Judicial) dated 17.07.2025.

The present application has been filed for condonation of delay of 26 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi on 05.11.2024. Learned counsel for the applicant had applied for certified copy of impugned judgment on 04.12.2024 and the same was delivered on 31.12.2024. However, due to winter vacations w.e.f. 10.01.2025 to 24.02.2025, the applicant could not file appeal and on opening of the Court on 24.02.2025, immediately prompt action was taken for filing the present 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.

Learned Additional Advocate General appearing for non-applicants No. 2 and 3 has 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.

Accordingly, the application stands disposed of.

Arb. Appeal No._______/2026

Appeal be registered.

Heard.

Admit.

Issue post admission notice for the service of respondent No.1, returnable within four weeks, on steps being taken within three days.

Send for records. List for hearing in due course.

Learned counsel for the appellant is directed to supply the copy of entire paper book to learned Additional Advocate General.

OMPST No. 3649 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 05.11.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 18.10.2023, is ordered to be stayed during the pendency of appeal.

Application stands disposed of.

(Romesh Verma)

Judge 8th July, 2026

(kck)

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