The Highway Administrator and Project Director Piu Mandi Vs Prakash and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

The Highway Administrator and Project Director Piu Mandi Vs Prakash and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 30 days in filing the arbitration appeal condoned and the condonation application allowed; appeal admitted with post-admission notice to respondent No.1; in OMPST No. 3288 of 2025, operation, implementation and execution of the impugned judgment dated 05.11.2024 (learned District Judge, Mandi) and the arbitral award dated 18.10.2023 stayed during pendency of appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks.

Issue for consideration

Whether the delay of 30 days in filing the appeal should be condoned +1 more

Court's answer

Delay of 30 days in filing the appeal condoned; the condonation application, duly supported by affidavit, is allowed (respondents No. 2 and 3 had no objection), and the application stands disposed of.

Ratio / Principle

Appeal admitted; post-admission notice to respondent No.1 returnable within four weeks on steps being taken within three days; records to be summoned and copy of entire paper book to be supplied to learned Additional Advocate General.

Key takeaways

Conditional stay granted: subject to deposit of the entire awarded amount along with up-to-date interest by the appellant/applicant within eight weeks, the operation, implementation and execution of the impugned judgment dated 05.11.2024 (learned District Judge, Mandi) as well as the arbitral award dated 18.10.2023 is stayed during the pendency of the appeal; stay application disposed of.ratio¶25

Detailed headnote1 paragraphs

Condonation of delay (30 days) in filing arbitration appeal - application allowed; delay attributed to time taken in obtaining certified copy of the impugned judgment (applied 04.12.2024, delivered 31.12.2024) and to winter vacations (10.01.2025 to 24.02.2025); respondents No. 2 and 3 (through Addl. A.G.) had no objection. Appeal admitted; post-admission notice to respondent No.1 (who had been proceeded ex-parte below vide order dated 05.08.2025) returnable within four weeks. Conditional stay in OMPST No. 3288 of 2025: operation, implementation and execution of the judgment dated 05.11.2024 of learned District Judge, Mandi as well as the arbitral award dated 18.10.2023 stayed during pendency of appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks (Romesh Verma, Judge; order dated 08.07.2026).

The Highway Administrator & Project Director vs. Prakash & others

OMP(M) No. 165 of 2025

08.07.2026

Present: Mr. Santosh, Advocate, vice counsel for the applicant.

Mr. Baldev Singh Negi, Addl. A.G., for respondents No. 2 and 3.

As per report of the Registry respondent No.1

has been duly served but none has appeared for the said respondent, hence he was proceeded against ex-parte by the order of Additional Registrar (Judicial) dated 05.08.2025.

The present application has been filed for condonation of delay of 30 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi on 05.11.2024. Learned counsel for the applicant had applied for certified copy of impugned judgment on 04.12.2024 and the same was delivered on 31.12.2024. However, due to winter vacations w.e.f. 10.01.2025 to 24.02.2025, the applicant could not file appeal and on opening of the Court on 24.02.2025, immediately prompt action was taken for filing the present appeal. 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 Additional Advocate General

appearing for non-applicants No. 2 and 3 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 .

Issue post admission notice for the service of respondent No.1, returnable within four weeks, on steps being taken within three days.

Send for records. List for hearing in due

course.

Learned counsel for the appellant is directed to supply the copy of entire paper book to learned Additional Advocate General.

OMPST No. 3288 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 18.10.2023, is ordered to be stayed during the pendency of appeal.

Application stands disposed of.

(Romesh Verma) Judge

8^th July, 2026 (kck)