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

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

What the court decided

AI extract

Outcome

Condonation of 26 days' delay in filing the appeal; registration and admission of the Arb. Appeal with post-admission notice to respondent No.1; stay of operation, implementation and execution of the impugned judgment dated 05.11.2024 and the arbitral award dated 18.10.2023 during pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks.

Issue for consideration

Whether the delay of 26 days in filing the appeal should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the 26 days' delay in filing the appeal is condoned, the delay being neither intentional nor willful and attributable to unavoidable circumstances including winter vacations.

Ratio / Principle

The appeal is registered and admitted; post-admission notice is ordered for service of respondent No.1, returnable within four weeks on steps being taken within three days, and records are to be sent for.

Key takeaways

The operation, implementation and execution of the impugned judgment dated 05.11.2024 passed by learned District Judge, Mandi, as well as the arbitral award dated 18.10.2023, are stayed during the pendency of the appeal.ratio¶25
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.ratio¶25

Detailed headnote1 paragraphs

Order of Romesh Verma, Judge, dated 08.07.2026, disposing of connected items arising from an arbitration appeal by The Highway Administrator & Project Director against Ashok Kumar & others: (1) OMP(M) No. 181 of 2025 — condonation of 26 days' delay in filing the appeal allowed; delay attributed to winter vacations (10.01.2025 to 24.02.2025); impugned judgment passed by learned District Judge, Mandi on 05.11.2024, certified copy applied for 04.12.2024 and delivered 31.12.2024; (2) Arb. Appeal registered and admitted; post-admission notice to respondent No.1 (earlier proceeded ex-parte by Additional Registrar (Judicial) order dated 17.07.2025), returnable within four weeks; appellant directed to supply paper book to learned Additional Advocate General; (3) OMPST No. 3649 of 2025 — operation, implementation and execution of the impugned judgment and the arbitral award dated 18.10.2023 stayed during pendency of appeal, subject to deposit of entire awarded amount with up-to-date interest within eight weeks.

The Highway Administrator & Project Director vs. Ashok Kumar & others

OMP(M) No. 181 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 17.07.2025.

The present application has been filed for condonation of delay of 26 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. 3649 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)