Union of India sought condonation of delay in filing an arbitration appeal against a District Judge judgment and an arbitrator's award. Delay in re-filing was condoned and the appeal admitted. A stay application was withdrawn since the award amount had been released.
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UOI vs. M/s RS construction
OMP(M) No. 222 of 2023
07.07.2026 Present: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate, for the applicant.
Mr. Adarsh K. Vashista, Advocate, fr the respondent.
OMP No. 666 of 2023
For the reasons stated in the application, the delay in re-filing the appeal is condoned. The applicant is permitted to re-file the appeal. The application stands disposed of.
OMP(M) No. 222 of 2023
The instant application has been filed for condonation of delay in filing the appeal. It has been averred in the application that the impugned judgment was passed by the learned District Judge, Kangra at Dharamshala on 07.01.2023. The applicant obtained the copy of the judgment on 09.02.2023. Thereafter, the matter was sent to the superior authorities to obtain legal opinion to file an appeal. After obtaining the legal opinion from the superior authorities, the same was sent to the office of DSGI, H.P. for filing the appeal. On 08.04.2023, the opinion of the DSGI, H.P. was received and thereafter after consulting the matter with the higher authority, the applicant drafted the appeal and was submitted before the DSGI, H.P. who directed the officials
of the applicant to get the appeal drafted from the standing counsel of UOI at Dharamshala. Thereafter, the appeal was vetted by the learned counsel of UOI at Dharamshala on 15.05.2023. 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-applicant 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
Be registered.
Admit.
Send for the record.
List in due course.
OMP No. 254 of 2024
For the reasons stated in the application, the
application is allowed. The applicant is permitted to place on record the copy of award dated 10.04.2018
subject to all just exceptions. The application stands disposed of.
OMP No. 255 of 2024
For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the A4 copy of the award subject to all just exceptions. The application stands disposed of.
OMP No. 256 of 2024
For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the both side print of the papers. The application stands disposed of.
OMPST No. 37642 of 2023
Be registered.
The application has been filed for staying the operation of impugned judgment dated 07.01.2023, passed by the learned District Judge, Kangra at Dharmshala and the Award dated 10.04.2018, passed by the learned Arbitrator.
It is contended by the learned counsel for the non-applicant that after passing of the award dated 10.04.2018 and after dismissing the objections as filed by the applicant, the entire amount stood released to nonapplicant.
Faced with this situation, learned counsel for
the applicant seeks permission of this Court to withdraw the instant application with liberty to file afresh if need so arises. Accordingly, the instant application is dismissed as withdrawn with liberty as aforesaid.
(Romesh Verma) Judge
7th July, 2026
(kck)
2 issues framed by the court
Whether the delay in filing the appeal against the District Judge's judgment of 07.01.2023 should be condoned.
Whether the operation of the judgment and award should be stayed.
UOI
M/s RS construction
Romesh Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
