UOI and Another Vs Ram Rakha (now deceased) through LRs and Another — Himachal Pradesh HC (2026) — LawSathi Research

UOI and Another Vs Ram Rakha (now deceased) through LRs 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 to be registered; appeal admitted with paper-book to be supplied and records called for; operation, implementation and execution of the impugned judgment dated 2.12.2024 and the impugned arbitral award stayed during pendency of the appeal, conditional on deposit of the entire awarded amount with upto date interest in the Registry within eight weeks; both applications stand disposed of.

Issue for consideration

Whether the delay in filing the main appeal should be condoned. +1 more

Court's answer

In view of the reasons stated in the condonation application (particularly paras 3 to 5 thereof), duly supported by an affidavit, coupled with submissions of learned vice counsel for the applicants, and as the respondents had no objection, the delay in filing the main appeal is condoned and the appeal is to be registered.

Ratio / Principle

The main appeal is admitted; learned vice counsel for the appellants undertook to supply a complete copy of the paper-book to learned counsel for the respondents during the course of the day; records of the case are to be called for and the matter listed in due course.

Key takeaways

Subject to the applicants depositing the entire awarded amount along with upto date interest in the Registry of the Court within eight weeks, the operation, implementation and execution of the impugned judgment as also of the impugned arbitral award shall remain stayed during the pendency of the appeal.ratio¶13

Detailed headnote1 paragraphs

Procedural order in arbitration-linked appeal proceedings (cause title: Union of India vs. Ram Rakha (deceased) through his LRs; OMP (M) No. 129/2026; order by Romesh Verma, Judge, dated 6.7.2026): (i) delay in filing the main appeal against the judgment dated 2.12.2024 condoned — the delay occurred because disposal of the case was never intimated to the applicants by their erstwhile Law Firm M/s M.V. Kini & Co., from which cases had been withdrawn vide letters dated 20.9.2023 and 26.3.2024, and the applicants learnt only on inquiry that objection petitions pertaining to Muhal Thapna stood disposed of; respondents raised no objection; (ii) appeal admitted, complete paper-book to be supplied to respondents' counsel, records called for, matter listed in due course; (iii) operation, implementation and execution of the impugned judgment and the impugned arbitral award stayed during the pendency of the appeal, subject to the applicants depositing the entire awarded amount with upto date interest in the Registry within eight weeks. No statute or precedent is cited; the deciding court is not named in the text.

Union of India vs. Ram Rakha (deceased) through his LRs

OMP (M) No. 129/2026

6.7.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the applicants.

Mr. Akash Dehru, Advocate, vice Mr. Munish Datwalia, Advocate, for respondent No.1.

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

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 on 11.3.2025 and delivered on 7.5.2025, however disposal of the case was not within the knowledge of the applicants as the same was never intimated to the applicants 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 applicants inquired from all the Law Firms about pendency of all the cases pending in various Forums, it came to the knowledge of the applicants 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 applicants.

The learned counsel for the respondents have no objection in case the application is allowed.

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 applicants, delay in filing the main appeal is condoned. Appeal be registered. Application stands disposed of.

Arb. Appeal No. /2026

Admit. Learned vice counsel for the appellants undertake to supply a complete copy of paper-book to the learned counsel for the respondents during the course of the day.

Send for the records. List in due course.

OMP No. /2026

Be registered. Heard. Subject to the applicants’ 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

6.7.2026 (pankaj)