National Highway Authority of India Vs Sada Ram and Others — Himachal Pradesh HC (2026) — LawSathi Research

National Highway Authority of India Vs Sada Ram and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned and appeal registered; arbitration appeal admitted with records summoned and matter to be listed in due course; name of deceased respondent No.3 (Geeta Devi) deleted from the array of parties with directions for amended memo of parties and Registry correction; English translation of Annexure A-1 to be filed as and when directed; operation, implementation and execution of the impugned judgment dated 20.1.2024 and the impugned arbitral award stayed during pendency of the appeal, subject to the applicant depositing the entire awarded amount with up-to-date interest in the Registry within eight weeks.

Issue for consideration

Whether the delay in filing the main appeal against the impugned judgment dated 20.1.2024 (copy delivered 16.3.2024) ought to be condoned. +2 more

Court's answer

Delay in filing the main appeal is condoned in view of the reasons stated in the affidavit-supported application and submissions of counsel; the appeal is ordered to be registered (OMP (M) No. 246/2024 allowed).

Ratio / Principle

Name of deceased respondent No.3 is deleted from the array of parties subject to all just exceptions (OMP No. 328/2026 allowed); learned counsel for the applicant to file amended memo of parties within ten days and the Registry is directed to carry out necessary correction.

Key takeaways

Operation, implementation and execution of the impugned judgment as well as the impugned arbitral award are stayed during the pendency of the appeal, conditional upon the applicant depositing the entire awarded amount along with up-to-date interest in the Registry of the Court within eight weeks (application allowed).ratio¶18
The main arbitration appeal is admitted and the records are summoned for; the matter is to be listed in due course.ratio¶15
An application (cause title bearing blank serial number, 'OMP No. /2026') is allowed with a direction to the applicant to file the English translation of Annexure A-1 (legal heir certificate) as and when directed; application disposed of.

Detailed headnote1 paragraphs

Single-Judge order (Romesh Verma, Judge, dated 7.5.2026) in NHAI vs. Sada Ram disposing of a bundle of miscellaneous applications: (i) OMP No. 328/2026 allowed - name of deceased respondent No.3 Geeta Devi (died 5.2.2023) deleted from the array of parties, her son Sukh Ram (respondent No.2) already being on record as legal representative, with the applicant to file an amended memo of parties within ten days and the Registry directed to correct the record; connected application allowed with direction to file English translation of the legal heir certificate (Annexure A-1) as and when directed; (ii) OMP (M) No. 246/2024 allowed - delay in filing the main appeal against the judgment dated 20.1.2024 (copy delivered 16.3.2024) condoned, the delay being attributed to non-intimation by the erstwhile Law Firm M/s M.V. Kini & Co., from whom 362 cases in Districts Mandi and Bilaspur had been withdrawn and allotted to M/s. Nishaank Matoo & Associates vide letter dated 20.9.2023; (iii) Arb. Appeal admitted and records summoned; (iv) operation, implementation and execution of the impugned judgment and the impugned arbitral award stayed during the pendency of the appeal, conditional on the applicant depositing the entire awarded amount with up-to-date interest in the Registry within eight weeks.

NHAI vs. Sada Ram

OMP (M) No. 246/2024

7.5.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the applicant.

Ms. Kiran Sharma, Advocate, vice counsel for respondents No. 1 and 2.

OMP No. /2026

Be registered. The application is allowed with a

direction to the applicant to file English translation of Annexure A-1 as and when directed to do so. Application stands disposed of.

OMP No. 328/2026

The instant application has been filed for deletion of name of respondent No.3, Geeta Devi, from array of the parties on the ground that she has died on 5.2.2023 and her legal representative i.e. respondent No.2, Sukh Ram being her son, is already on record. Relevant legal heir certificate has been appended with the application as Annexure A-1.

For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed and consequently, name of deceased No.3 is ordered to be deleted from array of the parties subject to all just exceptions. Learned counsel for the applicant undertakes to file amended memo of parties within a period of ten days. Registry is directed to carry out necessary correction. Application stands disposed of.

OMP (M) No. 246/2024

The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that even though copy of the impugned judgment, dated 20.1.2024 was delivered on 16.3.2024, however disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel/Law Firm i.e. M/s M.V. Kini & Co. Due to such inefficiency and lackadaisical attitude of the aforesaid Law Firm, as many as 362 cases pending in Districts Mandi and Bilaspur were withdrawn from it and were allotted to M/s. Nishaank Matoo & Associates vide letter dated 20.9.2023. When the applicant inquired from all the Law Firms about pendency of all the cases pending in various Forums, it came to the knowledge of the applicant that objection petitions pertaining to Muhal Tunnu have already been disposed of. Accordingly, prompt action was taken for preparation of the appeal. Thus, the aforesaid delay is neither intentional nor deliberate, but has occurred due to unavoidable circumstances, which were beyond the control of the applicant.

Consequently, in view of the reasons stated in the application, which is duly supported by an affidavit, coupled with submissions made by the learned counsel for the parties, delay in filing the main appeal is condoned. Appeal be registered. Application stands disposed of.

Arb. Appeal No. /2026

Admit. Send for the records.

List in due course.

OMP No. /2026

Be registered. Heard. Subject to the applicant’s depositing entire awarded amount along with upto date interest in the Registry of this Court within a period of eight weeks from today, operation, implementation and execution of the impugned judgment as also the impugned arbitral award, are ordered to be stayed during the pendency of the appeal. Application stands disposed of.

(Romesh Verma) Judge

7.5.2026 (pankaj)