NHAI Vs Kamal Dev and Others — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Kamal Dev and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the main appeal condoned and appeal (Arb. Appeal No. /2026) to be registered, records to be sent for, with appellant's counsel undertaking to supply the entire paper-book to respondents' counsel the same day; operation, implementation and execution of the impugned judgment and the impugned arbitral award stayed during the pendency of the appeal, conditional on deposit of the entire awarded amount with upto 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

Delay in filing the main appeal is condoned, being neither intentional nor deliberate but occurring due to unavoidable circumstances beyond the applicant's control, in view of the reasons stated in the application (paras 3 to 5 thereof, duly supported by affidavit) coupled with submissions of learned vice counsel; the appeal is to be registered and the application stands disposed of.

Ratio / Principle

Operation, implementation and execution of the impugned judgment and the impugned arbitral award shall remain stayed during the pendency of the appeal, subject to the applicant depositing the entire awarded amount along with upto date interest in the Registry of this Court within eight weeks; application stands disposed of.

Detailed headnote1 paragraphs

NHAI v. Kamal Dev, OMP (M) No. 105/2026, decided 22.7.2026 — Application for condonation of delay in filing the main appeal against the impugned judgment dated 2.12.2024 (certified copy applied 11.3.2025, delivered 7.5.2025) is allowed: the delay was found neither intentional nor deliberate, disposal of the case having never been intimated to the applicant-NHAI by its counsel/Law Firm M/s M.V. Kini & Co., from which cases stood withdrawn vide letters dated 20.9.2023 and 26.3.2024; the applicant learnt only upon inquiry that objection petitions pertaining to Muhal Thapna had been disposed of. Delay condoned; appeal to be registered and records called for; appellant's vice counsel undertook to supply the paper-book to respondents' counsel. In the connected application, operation, implementation and execution of the impugned judgment and the impugned arbitral award are stayed during the pendency of the appeal, subject to the applicant depositing the entire awarded amount along with upto date interest in the Registry within eight weeks.

NHAI vs. Kamal Dev

OMP (M) No. 105/2026

22.7.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the applicant.

Mr. Ram Kumar, Advocate, for the respondents.

OMP (M) No. 105/2026

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 Thapna 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 vice counsel for the applicant, delay in filing the main appeal is condoned. Appeal be registered. Application stands disposed of.

Arb. Appeal No. /2026

Heard. Admit. Send for the records. List in due course. Learned vice counsel for the appellant undertakes to supply copy of entire paper-book to the learned counsel for the respondents during the course of the day.

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.

(pankaj)

22.7.2026