NHAI Vs Hari Pal — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Hari Pal — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the main appeal condoned and appeal directed to be registered; appeal admitted with records summoned; stay of operation, implementation and execution of the impugned judgment and the impugned arbitral award during the pendency of the appeal, conditioned 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 should be condoned. +2 more

Court's answer

Delay in filing the main appeal is condoned and the appeal is to be registered; the condonation application stands disposed of.

Ratio / Principle

The arbitration appeal is admitted and records are to be sent for; the appellant's counsel undertakes to supply a copy of the entire paper-book to the respondent's counsel the same day.

Key takeaways

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 the Court within eight weeks.ratio¶13

Detailed headnote1 paragraphs

NHAI vs. Hari Pal, OMP (M) No. 121/2026, decided 22.7.2026 by Romesh Verma, Judge: Delay in filing the main arbitration appeal condoned on the ground that disposal of the objection petitions pertaining to Muhal Thapna was never intimated to the applicant by its then law firm M/s M.V. Kini & Co., from which cases had been withdrawn vide letters dated 20.9.2023 and 26.3.2024; the impugned judgment is dated 2.12.2024 (copy applied 11.3.2025, delivered 7.5.2025). Appeal admitted and records summoned. Operation, implementation and execution of the impugned judgment and the impugned arbitral award stayed during the pendency of the appeal, subject to the applicant depositing the entire awarded amount with upto-date interest in the Registry within eight weeks. Companion filings noted in the order: Arb. Appeal No. /2026 and OMP No. /2026 (numbers blank in the source).

NHAI vs. Hari Pal

OMP (M) No. 121/2026

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

Mr. Ram Kumar, Advocate, for the respondent.

OMP (M) No. 121/2026

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 respondent 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.

(Romesh Verma) Judge

(pankaj)