NHAI Vs Rattan Lal and Another — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Rattan Lal and Another — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the main appeal condoned and appeal ordered registered and admitted (post-admission notice to respondent No.1 returnable within four weeks on taking steps within three days; records to be called for); operation, implementation and execution of the impugned judgment and the impugned arbitral award stayed during pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest in the Registry within eight weeks.

Issue for consideration

Whether the delay in filing the main appeal against the impugned judgment dated 2.12.2024 should be condoned. +1 more

Court's answer

In view of the reasons stated in the application (paras 3 to 5 thereof), supported by an affidavit and coupled with the submissions of learned counsel for the applicant, the delay in filing the main appeal is condoned; the appeal is to be registered and the condonation application stands disposed of.

Ratio / Principle

Respondent No.1, though duly served as per the registry report, was proceeded against ex-parte as none appeared on his behalf.

Key takeaways

The appeal is admitted; post-admission notice is to issue to respondent No.1 returnable within four weeks on taking steps within three days; records are to be sent for and the matter listed in due course.ratio¶12
The stay of the impugned judgment and impugned arbitral award is conditional on the applicant depositing the entire awarded amount along with up-to-date interest in the Registry of the Court within eight weeks.ratio¶14

Detailed headnote1 paragraphs

OMP (M) No. 104/2026 (styled NHAI vs. Rattan Lal), decided 21.7.2026 (Judge: Romesh Verma). Application by NHAI for condonation of delay in filing the main appeal against the impugned judgment dated 2.12.2024, with the impugned arbitral award also involved. The application averred that disposal of the case was never intimated by its then counsel/Law Firm M/s M.V. Kini & Co, from whom cases were withdrawn vide letters dated 20.9.2023 and 26.3.2024; on inquiry the applicant learnt that objection petitions pertaining to Muhal Dehar had already been disposed of; copy of the impugned judgment applied for on 11.3.2025 was delivered on 7.5.2025. As per registry report, respondent No.1 stood duly served but absent and was proceeded against ex-parte. The Court, in view of the reasons stated in the application (paras 3 to 5 thereof), duly supported by affidavit, coupled with counsel's submissions, condoned the delay, ordered the appeal registered and admitted (Arb. Appeal No. /2026) with post-admission notice to respondent No.1 returnable within four weeks on taking steps within three days, and sent for the records. In OMP No. /2026 the Court stayed operation, implementation and execution of the impugned judgment and the impugned arbitral award during pendency of the appeal, subject to the applicant depositing the entire awarded amount with up-to-date interest in the Registry within eight weeks. Ms. Shreya Chauhan appeared for the applicant; Mr. Diwakar Dev Sharma, Addl. A.G., appeared for respondent No.2.

NHAI vs. Rattan Lal

OMP (M) No. 104/2026

21.7.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant.

Mr. Diwakar Dev Sharma, Addl. A.G. for respondent No.2.

OMP (M) No. 104/2026

As per report of the registry, respondent No.1,

stands duly served. However, none has appeared on his behalf, hence, he is proceeded against ex-parte.

The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that even though copy of the impugned judgment, dated 2.12.2024 was applied by the counsel on 11.3.2025 and delivered on 7.5.2025, however disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel/Law Firm i.e. M/s M.V. Kini & Co. Due to such inefficiency and lackadaisical attitude of the aforesaid Law Firm, cases were withdrawn from it vide letters dated 20.9.2023 and 26.3.2024. When the applicant inquired from all the Law Firms about pendency of all the cases pending in various Forums, it came to the knowledge of the applicant that objection petitions pertaining to Muhal Dehar have already been disposed of. Accordingly prompt action was taken for preparation of the appeal. Thus, the aforesaid delay is neither intentional nor deliberate, but

has occurred due to unavoidable circumstances, which were beyond the control of the applicant.

In view of the reasons stated in the application, more particularly, paras 3 to 5 thereof, which is duly supported by an affidavit, coupled with submissions made by the learned counsel for the applicant, delay in filing the main appeal is condoned. Appeal be registered. Application stands disposed of.

Arb. Appeal No. /2026

Admit. Issue post admission notice to respondent No.1 returnable within four weeks on taking steps within three days. Send for the records. List in due course.

OMP No. /2026

Be registered. Heard. Subject to the applicant’s depositing entire awarded amount along with upto date interest in the Registry of this Court within a period of eight weeks from today, operation, implementation and execution of the impugned judgment as also the impugned arbitral award, shall remain stayed during the pendency of the appeal. Application stands disposed of.

(Romesh Verma)

Judge

21.7.2026 (pankaj)