NHAI Vs Yashpal and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Yashpal and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 29 days in filing the appeal condoned and application allowed; appeal admitted and directed to be registered; post-admission notice to respondents No.5 to 18 returnable within four weeks; records requisitioned; operation, implementation and execution of the impugned judgment dated 05.11.2024 and the arbitral award dated 18.04.2023 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 29 days in filing the appeal should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the 29-day delay in filing the appeal is condoned, the application being supported by affidavit and the non-applicants raising no objection.

Ratio / Principle

Operation, implementation and execution of the impugned judgment dated 05.11.2024 (passed by the learned District Judge, Mandi) as well as the arbitral award dated 18.04.2023 are stayed during the pendency of the appeal, subject to the appellant/applicant depositing the entire awarded amount along with up-to-date interest within eight weeks.

Key takeaways

The appeal is admitted and directed to be registered; post-admission notice is to be issued to respondents No.5 to 18, returnable within four weeks on steps taken within three days, and the records are to be requisitioned in the meantime.ratio¶15

Detailed headnote1 paragraphs

NHAI v. Yashpal & others, OMP(M) No.231 of 2025 (decided 05.06.2026, Romesh Verma, Judge): (i) Application for condonation of delay allowed and 29 days' delay in filing the appeal condoned — the appeal was filed on 26.12.2024 within limitation, but the Registry objected that it lacked the certified copy of the impugned judgment dated 05.11.2024 of the learned District Judge, Mandi; the copy was applied for on 04.12.2024 and delivered on 31.12.2024, and the non-applicants' counsel raised no objection. (ii) Appeal admitted and directed to be registered; post-admission notice to respondents No.5 to 18 returnable within four weeks on steps within three days; records requisitioned. (iii) Operation, implementation and execution of the impugned judgment dated 05.11.2024 and of the arbitral award dated 18.04.2023 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks.

NHAI vs. Yashpal & others

OMP(M) No.231 of 2025

05.06.2026 Present:

Mr. Sumeet Raj Sharma, Advocate, for the applicant. Mr. Yuyutsu Thakur, Advocate, for respondents No.1 to 4.

Mr. Manish Thakur, Dy. A.G., for respondent No.19.

OMP(M) No.231 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, Mandi on 05.11.2024. Though, the applicant had preferred the appeal before this Court on 26.12.2024 within the period of limitation, however, the Registry has raised objection that the appeal was filed without the certified copy of impugned judgment. Thereafter, the copy of impugned judgment was applied on 04.12.2024 and the same was delivered on 31.12.2024. Hence, the delay of 29 days has occurred on account of unavoidable circumstances.

Learned counsel for the non-applicants have no objections in case the present application is allowed and the delay in filing the appeal is condoned.

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 .

Issue post admission notice to respondents No.5 to 18, returnable within four weeks, on taking steps within three days.

List thereafter. In the meantime, records be requisitioned.

OMP No.______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 18.04.2023 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma ) Judge

June 05, 2026 (vt)