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NHAI Vs Rama Devi Alias Rama Dai and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

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Himachal Pradesh HC
2026
NHAI Vs Rama Devi Alias Rama Dai and Anr.NHAI v. Rama Devi Alias Rama Dai and Anr.

Disposed¶18

NHAI v. Rama Devi Alias Rama Dai and Anr.

Himachal Pradesh HC18 May 2026OMPM/164/2025

Case brief

AI extract

What is this about?

NHAI vs. Rama Devi alias Ram Dai & another — condonation of delay and conditional stay of arbitral award/arbitration judgment pending appeal. Identifiers: OMP(M) No.164 of 2025; Arb. Appeal No.______ of 2026 (number blank as printed); OMPST No.3493 of 2025; decided 18.05.2026 by Romesh Verma, Judge. Counsel: Sumeet Raj Sharma for applicant NHAI; Ms. Nandita (vice counsel) for respondent No.1 Rama Devi alias Ram Dai; Baldev Singh Negi, Addl. A.G., for respondent No.2. Facts: judgment dated 05.11.2024 by learned District Judge, Mandi challenged; certified copy applied 04.12.2024, delivered 31.12.2024; winter vacation closure; 29-day delay condoned without objection; arbitral award dated 19.06.2023 and the impugned judgment stayed during pendency of appeal conditional on deposit of entire awarded amount with up-to-date interest within eight weeks; appeal admitted, records called for. Keywords: condonation of delay, stay of execution, arbitral award, arbitration appeal, NHAI, Mandi, deposit condition, eight weeks.

What did the court decide?

Composite day-order: (i) the condonation application (OMP(M) No.164 of 2025) is allowed and stands disposed of, the 29-day delay in filing the appeal being condoned; (ii) Arb. Appeal No.______ of 2026 is ordered to be registered and admitted, records to be sent for and the matter listed in due course; (iii) OMPST No.3493 of 2025 is registered and heard, and the operation, implementation and execution of the impugned judgment dated 05.11.2024 (learned District Judge, Mandi) and of the arbitral award dated 19.06.2023 is ordered stayed during the pendency of the appeal, subject to the appellant/applicant depositing the entire awarded amount along with up-to-date interest within a period of eight weeks. ¶18

Why is it important?

Condonation application allowed: the 29-day delay in filing the appeal is condoned and the application stands disposed of, there being no objection from the non-applicants (respondents) and the application being supported by affidavit. ¶10

What the court decided

AI extract

Outcome

Composite day-order: (i) the condonation application (OMP(M) No.164 of 2025) is allowed and stands disposed of, the 29-day delay in filing the appeal being condoned; (ii) Arb. Appeal No.______ of 2026 is ordered to be registered and admitted, records to be sent for and the matter listed in due course; (iii) OMPST No.3493 of 2025 is registered and heard, and the operation, implementation and execution of the impugned judgment dated 05.11.2024 (learned District Judge, Mandi) and of the arbitral award dated 19.06.2023 is ordered stayed during the pendency of the appeal, subject to the appellant/applicant depositing the entire awarded amount along with up-to-date interest within a period of eight weeks.

Issue for consideration

Whether the 29-day delay in filing the appeal against the judgment dated 05.11.2024 passed by the learned District Judge should be condoned. +2 more

Court's answer

Condonation application allowed: the 29-day delay in filing the appeal is condoned and the application stands disposed of, there being no objection from the non-applicants (respondents) and the application being supported by affidavit.

Ratio / Principle

Stay pending appeal granted: the operation, implementation and execution of the impugned judgment dated 05.11.2024 passed by learned District Judge, Mandi and of the arbitral award dated 19.06.2023 are ordered to be stayed during the pendency of the appeal.

Key takeaways

The stay is conditional upon the appellant/applicant depositing the entire awarded amount, along with up-to-date interest, within a period of eight weeks from the date of the order.ratio¶18
The arbitration appeal is admitted; it is to be registered, the records sent for, and the matter listed in due course.ratio¶13

Detailed headnote1 paragraphs

Day-order dated 18.05.2026 by Romesh Verma, Judge (single-member bench): (1) NHAI's application (OMP(M) No.164 of 2025) for condonation of a 29-day delay in filing the arbitration appeal against the judgment dated 05.11.2024 of the learned District Judge, Mandi is allowed and disposed of — the certified copy having been applied for on 04.12.2024, delivered on 31.12.2024, with winter vacation intervening; the non-applicants raised no objection and the application was affidavit-supported. (2) Arb. Appeal No.______ of 2026 is registered and admitted; records to be sent for and the matter listed in due course. (3) OMPST No.3493 of 2025 is registered and heard; the operation, implementation and execution of the judgment dated 05.11.2024 and of the arbitral award dated 19.06.2023 is stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks. No statute or precedent is cited.

A

NHAI vs. Rama Devi alias Ram Dai & another

OMP(M) No.164 of 2025

18.05.2026 Present:

Mr. Sumeet Raj Sharma, Advocate, for the applicant.

Ms. Nandita, Advocate, vice counsel, for respondent No.1.

Mr. Baldev Singh Negi, Addl. A.G., for respondent No.2.

OMP(M) No.164 of 2025

The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the impugned judgment was passed by learned District Judge on 05.11.2024. Certified copy of the impugned judgment was applied by the learned counsel for the applicant on 04.12.2024 and the same was delivered on 31.12.2024. Thereafter, the Courts were closed due to winter vacation and appropriate steps were taken for filing the appeal. In this process, the delay of 29 days has occurred in filing the appeal.

Learned counsel for the non-applicants have no objections 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 the submissions as made by learned counsel for the applicant, the application is allowed and the delay in filing the appeal is condoned. Accordingly, the application stands disposed of.

Arb. Appeal No.______ of 2026

Be registered.

Admit .

Send for records

List in due course.

OMPST No.3493 of 2025

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 05.11.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 19.06.2023 during the pendency of appeal is ordered to be stayed.

( Romesh Verma ) Judge

May 18, 2026 (vt)

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the 29-day delay in filing the appeal against the judgment dated 05.11.2024 passed by the learned District Judge should be condoned.¶8
The court held
Condonation application allowed: the 29-day delay in filing the appeal is condoned and the application stands disposed of, there being no objection from the non-applicants (respondents) and the application being supported by affidavit.ratio¶10
2.
Whether the operation, implementation and execution of the impugned judgment dated 05.11.2024 (learned District Judge, Mandi) and of the arbitral award dated 19.06.2023 should be stayed during the pendency of the appeal.¶18
The court held
Stay pending appeal granted: the operation, implementation and execution of the impugned judgment dated 05.11.2024 passed by learned District Judge, Mandi and of the arbitral award dated 19.06.2023 are ordered to be stayed during the pendency of the appeal.ratio¶18
3.
Whether the arbitration appeal (to be registered as Arb. Appeal No.______ of 2026) should be admitted.¶13
The court held
The arbitration appeal is admitted; it is to be registered, the records sent for, and the matter listed in due course.ratio¶13

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 05.11.2024 passed by the learned District Judge, Mandi, challenged by way of appeal filed by the applicant (NHAI); its operation, implementation and execution was sought to be stayed pending the appeal.¶8
learned District Judge, Mandi · 05.11.2024
Prior proceeding
Arbitral award dated 19.06.2023 — the underlying award whose operation, implementation and execution was ordered to be stayed during the pendency of the appeal.¶18
Prior proceeding
Certified copy of the impugned judgment applied for by the applicant's counsel on 04.12.2024 and delivered on 31.12.2024; the Courts were thereafter closed for winter vacation while steps were taken to file the appeal.¶8
Prior proceeding
Resulting delay of 29 days in filing the appeal, for which condonation was sought by application supported by affidavit.¶8

Parties & counsel

AI extract

applicant
NHAI¶1
Sumeet Raj Sharma
respondent
Rama Devi alias Ram Dai¶1
Nandita
respondent
Respondent No.2 (name not stated)¶6
Baldev Singh Negi, Addl. A.G.

Coram

AI extract

Romesh Vermaauthor¶19

Case details

As recorded by the court registry

Court: Himachal Pradesh HC
Decided on: 18 May 2026 · May
Registered: 30 May 2025
Case no.: OMPM/164/2025
CNR: HPHC010250012025
Bench: Romesh Verma
Disposal: DELAY CONDONATED/REJECTED.
Case type: OMP(M)

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Cite this judgement

NHAI v. Rama Devi Alias Rama Dai and Anr., OMPM/164/2025 (HP), decided on 18 May 2026.

The High Court of Himachal Pradesh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Judgment dated 05.11.2024 passed by the learned District Judge, Mandi, challenged by way of appeal filed by the applicant (NHAI); its operation, implementation and execution was sought to be stayed pending the appeal.learned District Judge, Mandi · 05.11.2024
Arbitral award dated 19.06.2023 — the underlying award whose operation, implementation and execution was ordered to be stayed during the pendency of the appeal.
Certified copy of the impugned judgment applied for by the applicant's counsel on 04.12.2024 and delivered on 31.12.2024; the Courts were thereafter closed for winter vacation while steps were taken to file the appeal.

View full history

Bench / Coram

Romesh Verma

Parties & counsel