Application for condonation of delay in filing an arbitration appeal against a District Judge, Mandi judgment was allowed. Appeal admitted with post-admission notice. Stay of the impugned judgment and arbitral award granted subject to deposit of the entire awarded amount with interest within eight weeks.
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NHAI Vs. Devi Ram and Anr.
OMP (M) No. 112 of 2026
16.06.2026 Present:
Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for the applicant/appellant.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2.
OMP(M) No. 112 of 2026
As per report of the Registry, respondent No. 1 stands
duly served, but none has put in appearance on his behalf. Hence, he is proceeded against ex parte.
The instant application has been filed by the applicant for condonation of delay in filing the present appeal.
It has been averred in the application that the impugned judgment was passed by the learned District Judge, Mandi on 02.12.2024. As per the case as set up by the appellant, the certified copy of the judgment dated 02.12.2024 was applied by the counsel on 14.01.2025 and the same was completed on 10.02.2025 and delivered on 24.02.2025. It has further been averred in the application that appellant contacted its counsel in order to procure the certified copy as well as the record and the same was finally procured by the appellant in the month of March, 2025. It has further been averred that the legal opinion was sought so as to determine the future course of action. After procuring the legal opinion, the matter was examined at various levels for the
purpose of filing the appeal and it was decided to challenge the award of the learned Court below. In this process, the delay has occurred in filing the instant 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.
Consequently, in view of the averments as made in the application, which is duly supported by an affidavit, and the submissions as made by learned counsel for the applicant, the present application is allowed and delay in filing the appeal is condoned. Accordingly, the application stands disposed of.
Arb. Appeal No._______ of 2026
Appeal be registered.
Heard.
Admit.
Issue post admission notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2.
Let post admission notice for the service of respondent No. 1 be issued, returnable within four weeks. Steps be taken within three days.
OMPST No. 70687 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 02.12.2024, as passed by learned District Judge, Mandi, HP. as well as arbitral award dated 20.12.2023 during the pendency of appeal is ordered to be stayed.
Application stands disposed of.
( Romesh Verma ) Judge 16th June, 2026 (sushma)
NHAI
Devi Ram
Respondent No. 2
Romesh Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
