NHAI Vs Hoshiar Singh and Others — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Hoshiar Singh and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 274 days in filing the appeal condoned; appeal admitted and directed to be registered with records called for; post-admission notice to respondent No.1 returnable within four weeks; operation, implementation and execution of the impugned judgment dated 02.01.2025 (learned District Judge, Mandi) and the arbitral award dated 03.11.2023 stayed during the 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 274 days in filing the appeal against the impugned judgment dated 02.01.2025 ought to be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the delay of 274 days in filing the appeal is condoned, the averments being supported by affidavit and the delay being attributable to the failure of the earlier counsel/law firm to apprise the applicant of the status of the decided cases.

Ratio / Principle

During the pendency of the appeal, the operation, implementation and execution of the impugned judgment dated 02.01.2025 passed by the learned District Judge, Mandi, as well as the arbitral award dated 03.11.2023, are stayed, subject to the appellant/applicant depositing the entire awarded amount along with up-to-date interest within eight weeks.

Detailed headnote1 paragraphs

NHAI's application (OMP(M) No.194 of 2026) for condonation of 274 days' delay in filing an arbitration appeal against the judgment dated 02.01.2025 of the learned District Judge, Mandi (disposal of objection petitions pertaining to Mohal Satanseri) was allowed: the delay arose because the earlier law firm, M/s M.V. Kini & Co., failed to apprise the applicant of the status of the decided cases, the cases having been withdrawn and allotted to M/s Nishaank Mattoo & Associates vide letter dated 20.09.2023. Respondent No.1 was proceeded against ex parte, none appearing despite service. The appeal was admitted, records called for, and post-admission notice issued to respondent No.1. Separately, the operation, implementation and execution of the impugned judgment dated 02.01.2025 and the arbitral award dated 03.11.2023 were stayed during the pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest within eight weeks. Coram: Romesh Verma, Judge; decided 20.07.2026.

NHAI vs. Hoshiar Singh & others

OMP(M) No.194 of 2026

20.07.2026 Present:

Ms. Shreya Chauhan, Advocate, for the applicant.

None for respondent No.1.

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

OMP(M) No.194 of 2026

In sequel to order dated 03.06.2026, notice on respondent No.1 stands duly served. However, none has appeared on his behalf. Hence, respondent No.1 is proceeded against ex parte.

The present application has been filed for condonation of 274 days’ delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 02.01.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 14.01.2025 and same was delivered on 24.02.2025. The disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel.

Earlier also, due to inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co., cases were withdrawn from the law firm and allotted to M/s Nishaank Mattoo & Associates vide letter dated

20.09.2023. On Closing of the financial year, the applicant inquired from the law firm about the pendency of the cases in various Forums, and it is only then, it came to the knowledge of the applicant that the objection petitions pertaining to Mohal Satanseri were disposed of. Due to the failure of the counsel/ law firm to apprise the status of these cases decided by the court below, there has been a delay in filing the 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.

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 delay in filing the appeal is condoned.

Accordingly, the application stands disposed of. Arb. Appeal No._______ of 2026

Appeal be registered.

Heard.

Admit .

Send for records.

Issue post admission notice to respondent No.1, returnable within four weeks, on taking steps within three days.

List in due course.

OMP No.________ 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 02.01.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 03.11.2023 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma ) Judge

July 20, 2026 (vt)