Allowed¶18

NHAI v. Bakshi Ram and Anr.

Himachal Pradesh HC17 Jul 2026OMPM/126/2026

Case brief

AI extract

What is this about?

NHAI condonation of delay 390 days; arbitration appeal registered and admitted; stay of execution of award dated 05.04.2023 in Case No.109/2021; Divisional Commissioner as Arbitrator under National Highways Act, 1956; conditional stay subject to deposit of entire awarded amount with upto-date interest within eight weeks; respondents Bakshi Ram absent despite prior appearance through counsel Vivek Thakur; affidavit of Project Director NHAI uncontroverted; modification/alteration/vacation on motion.

What did the court decide?

Delay of 390 days in filing the appeal condoned; Arb. Appeal directed to be registered and admitted; execution of the award dated 05.04.2023 (Case No.109/2021) stayed during pendency of the appeal, subject to deposit of the entire awarded amount with upto-date interest within eight weeks; modification/alteration/vacation on motion.

NHAI Vs Bakshi Ram and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the delay of 390 days in filing the appeal, attributed mainly to administrative exigencies, should be condoned. +1 more

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Court's answer

Application for condonation of delay is allowed and the delay of 390 days in filing the main appeal is ordered to be condoned; the ground is administrative exigencies in preferring the appeal, with averments supported by the uncontroverted affidavit of the Project Director, NHAI, and the respondents absent despite due representation on the last date of hearing.

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Ratio / Principle

During the pendency of the appeal, execution of the award dated 05.04.2023 passed in Case No.109/2021 is stayed, conditional upon deposit of the entire awarded amount together with upto-date interest within eight weeks; modification/alteration/vacation is permissible on motion.

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Detailed headnote1 paragraphs

Single-Judge order (Virender Singh, Judge), dated 17.07.2026, disposing three connected matters. (i) OMP (M) No.126 of 2026: NHAI's application to condone a Registry-reported delay of 390 days in filing its arbitration appeal is allowed, principally on the ground of administrative exigencies, with the averments supported by the uncontroverted affidavit of the Project Director, NHAI; the respondents, though represented through counsel Shri Vivek Thakur on 19.06.2026, were absent on the day of hearing. (ii) Arb. Appeal No. of 2026: directed to be registered and admitted. (iii) OMPST No.70683 of 2025: during the pendency of the appeal, execution of the award dated 05.04.2023 passed in Case No.109/2021 by the Divisional Commissioner, exercising powers of Arbitrator under the National Highways Act, 1956, is stayed, subject to deposit of the entire awarded amount, together with upto-date interest, within eight weeks; modification/alteration/vacation on motion.

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NHAI versus Bakshi Ram & Another

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Arb. Appeal No. of 2026

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17.07.2026

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

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None for the respondents.

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OMP (M) No.126 of 2026

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On 19.06.2026, in pursuance of the notice issued to the respondents, they have put appearance through their counsel Shri Vivek Thakur, Advocate and the matter has been adjourned for today to enable the respondents to file power of attorney, as well as, reply to the application.

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Today, neither respondents, nor, their counsel have put appearance. Waited sufficiently. Further wait is not justifiable.

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By way of the present application, a prayer has been made to condone the delay, as occurred, in filing the accompanying appeal, which, as per the report of the Registry, is delay of 390 days.

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The delay has mainly been sought to be condoned on the ground of administrative exigencies in preferring the accompanying appeal. The averments, as made, in the application, are duly supported by the affidavit of the Project Director, NHAI, which remain uncontroverted,

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as despite due representation of the respondents, on the last date of hearing, today, no one has put appearance on behalf of the respondents.

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Considering the said fact, the application under consideration is allowed and the delay, as occurred, in filing the main appeal, is ordered to be condoned.

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The application stands disposed of.

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Arb. Appeal No. of 2026

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Be registered.

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Admit .

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OMPST No.70683 of 2025

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The application is considered and allowed. During the pendency of the appeal, the execution of the award dated 05.04.2023, passed in Case No.109/2021, by the Divisional Commissioner, exercising the powers of Arbitrator under the National Highways Act, 1956, is ordered to be stayed, subject to deposit of the entire awarded amount, together with upto date interest, within a period of eight weeks. The application is disposed of. Modification/alteration/vacation on motion.

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(Virender Singh) Judge

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July 17, 2026 (ps)

NHAI v. Bakshi Ram and Anr.

Case brief

What is this about?

What did the court decide?

NHAI v. Bakshi Ram and Anr.

Case brief

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