NHAI Vs Hukam Chand — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Hukam Chand — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the main appeal condoned; appeal to be registered, admitted and records sent for; interim stay of operation, implementation and execution of the impugned judgment dated 18.11.2021 and the impugned arbitral award during the pendency of the appeal, conditional on the applicant depositing 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. +1 more

Court's answer

Delay in filing the main appeal is condoned in view of the reasons stated in the application (more particularly paras 7 to 11 thereof), duly supported by an affidavit, coupled with submissions of learned vice counsel; the appeal is to be registered and the application stands disposed of.

Ratio / Principle

Stay of operation, implementation and execution of the impugned judgment and the impugned arbitral award during the pendency of the appeal is conditioned on the applicant depositing the entire awarded amount along with upto-date interest in the Registry of the Court within eight weeks.

Key takeaways

Subject to the deposit, operation, implementation and execution of the impugned judgment as also the impugned arbitral award shall remain stayed during the pendency of the appeal; the accompanying OMP application stands disposed of.ratio¶10

Detailed headnote1 paragraphs

Romesh Verma, J., 22.7.2026 — OMP (M) No. 161/2026 (NHAI vs. Hukam Chand). Condonation of delay in filing the main appeal granted in view of the applicant's organisational changes (Project Director Mr. Varun Chari appointed 1.6.2022) and heavy rainfall causing floods and landslides in the Tehsil Balh and surrounding mountainous areas; the impugned judgment was dated 18.11.2021 with its copy delivered on 22.12.2021. Appeal directed to be registered, heard and admitted, records to be called for. By a companion order, operation, implementation and execution of the impugned judgment as also the impugned arbitral award stayed during the pendency of the appeal, subject to the applicant depositing the entire awarded amount along with upto-date interest in the Registry within eight weeks. No statutory provision or precedent was discussed.

NHAI vs. Hukam Chand

OMP (M) No. 161/2026

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

Mr. Varun Rana, Advocate, for the respondent.

OMP (M) No. 161/2026

The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that copy of the impugned judgment, dated 18.11.2021 was applied on the same day and delivered on 22.12.2021. The applicant had undergone organizational changes in the month of June 2022. Mr. Varun Chari, currently working as Project Director of the applicant, was appointed only on 1.6.2022. On account of organizational changes, the applicant faced consequential challenges in terms of execution of the work. It has been further averred that the applicant was unable to file accompanying appeal within time as geographical region of Tehsil Balh and other surrounding areas suffered huge rainfalls leading to floods and landslides in the mountainous region. Thus, it has been submitted that 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 7 to 11 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. 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

22.7.2026

(pankaj)