NHAI Vs Maya Devi — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Maya Devi — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay-condonation application allowed and 170-day delay condoned; Arb. Appeal admitted and registered with records summoned for hearing in due course; subject to deposit of the entire awarded amount with up-to-date interest within eight weeks, operation, implementation and execution of the impugned judgment dated 16.04.2025 and the arbitral award dated 07.12.2022 stayed during pendency of appeal; both the OMP(M) and OMPST applications stand disposed of.

Issue for consideration

Whether the delay of 170 days in filing the appeal against the judgment dated 16.04.2025 of the learned District Judge, Bilaspur should be condoned. +2 more

Court's answer

The application for condonation of the 170-day delay is allowed and the delay in filing the appeal is condoned, being supported by affidavit, counsel's submissions and the non-applicant's lack of objection.

Ratio / Principle

The Arb. Appeal is admitted and records are to be summoned, with the matter to be listed for hearing in due course.

Key takeaways

Operation, implementation and execution of the impugned judgment dated 16.04.2025 passed by the learned District Judge, Bilaspur, as well as the arbitral award dated 07.12.2022, are ordered to be stayed during the pendency of the appeal.ratio¶25
The stay is conditioned on the appellant/applicant depositing the entire awarded amount along with up-to-date interest within eight weeks from the date of the order.ratio¶23

Detailed headnote1 paragraphs

Order dated 07.07.2026 (Romesh Verma, Judge): NHAI's application for condonation of 170 days' delay in filing an arbitration appeal against the judgment dated 16.04.2025 of the learned District Judge, Bilaspur is allowed, the delay having arisen from delayed delivery of the certified copy (applied 21.06.2025, delivered 22.07.2025), procurement of the record in August 2025 and internal examination/legal opinion through September 2025, with no objection from the respondent's side. The Arb. Appeal is admitted, records summoned, and hearing listed for due course. In OMPST No. 3633 of 2026, the operation, implementation and execution of the impugned judgment dated 16.04.2025 and the arbitral award dated 07.12.2022 are stayed during pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest within eight weeks; counsel for the respondent undertakes to file power of attorney within three weeks.

NHAI vs. Maya Devi

OMP(M) No. 147 of 2026

07.07.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the applicant.

Mr. Yuyutsu Singh Thakur, Advocate, for the respondent.

The present application has been filed for

condonation of delay of 170 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Bilaspur on 16.04.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 21.06.2025 and the same was delivered on 22.07.2025.

It is averred that the applicant contacted its counsel in order to procure the certified copy as well as the record which was finally procured in the month of August, 2025. Thereafter, legal opinion was sought as to determine the future course of action. After obtaining the legal opinion, the matter was examined at various levels for the purpose of filing the appeal and the papers were transmitted to the present counsel in September, 2025. 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.

Learned counsel for the non-applicant has no objection in case the application is allowed.

Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of submissions as made by learned counsel for the applicant, the present application is allowed and the delay in filing the appeal is condoned.

Accordingly, the application stands disposed

of.

Arb. Appeal No.________/2026

Appeal be registered.

Heard.

Admit .

Send for records. List for hearing in due

course.

Learned counsel for the respondent undertakes to file power of attorney on behalf of the respondent within three weeks.

OMPST No. 3633 of 2026

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 16.04.2025, as passed by learned District Judge, Bilaspur as well as arbitral award dated 07.12.2022, is

ordered to be stayed during the pendency of appeal.

Application stands disposed of.

(Romesh Verma) Judge

7^th July, 2026 (kck)