NHAI Vs Thakur Dass and Others — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Thakur Dass and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 329 days in filing the arbitration appeal condoned and the condonation application allowed; appeal registered (Arb. Appeal No.____/2026) and admitted, with records to be sent for and hearing listed in due course, and respondent's counsel undertaking to file power of attorney within three weeks; operation, implementation and execution of the impugned judgment dated 07.03.2025 (District Judge, Mandi) and the arbitral award dated 15.02.2023 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest within eight weeks; applications disposed of.

Issue for consideration

Whether the delay of 329 days in filing the arbitration appeal against the judgment dated 07.03.2025 of the District Judge, Mandi should be condoned. +1 more

Court's answer

The application for condonation is allowed and the 329-day delay in filing the appeal is condoned, in view of the affidavit-supported averments in the application and the submissions of learned counsel for the applicant.

Ratio / Principle

The operation, implementation and execution of the impugned judgment dated 07.03.2025 (learned District Judge, Mandi) and of the arbitral award dated 15.02.2023 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 arbitration appeal is ordered to be registered and is admitted; records are to be sent for and the matter listed for hearing in due course.ratio¶13

Detailed headnote1 paragraphs

Order dated 07.07.2026, single-judge bench of Romesh Verma, Judge (High Court of Himachal Pradesh inferred from context), in OMP(M) No. 248 of 2026, NHAI vs. Thakur Dass. The applicant sought condonation of a 329-day delay in filing an arbitration appeal against the judgment dated 07.03.2025 of the learned District Judge, Mandi, by which (as averred) the objection petitions pertaining to Mohal Dehar against an arbitral award dated 15.02.2023 stood disposed of; the certified copy was applied for on 12.06.2025 and delivered on 26.06.2025, and the delay was attributed (affidavit-supported) to non-intimation by counsel and to the earlier withdrawal of 362 Mandi/Bilaspur cases from M/s M.V. Kini & Co. and their allotment to M/s Nishaank Mattoo & Associates vide letter dated 20.09.2023. Counsel for the respondent/non-applicant raised no objection. The court allowed the application and condoned the delay, ordered the arbitration appeal registered and admitted it (records to be called; hearing in due course; respondent's counsel to file power of attorney within three weeks), and stayed the operation, implementation and execution of both the judgment dated 07.03.2025 and the arbitral award dated 15.02.2023 during the pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest within eight weeks. Applications stand disposed of. No statute or precedent is cited in the order.

NHAI vs. Thakur Dass

OMP(M) No. 248 of 2026

07.07.2026

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

Mr. Anirudh Sharma, Advocate, for the respondent.

The present application has been filed for

condonation of delay of 329 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi on 07.03. 2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 12.06.2025 and the same was delivered on 26.06.2025. However, 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.

As per the applicant, earlier also, due to inefficiency and lackadaisical attitude of the law firm, as many as 362 cases pending in District Mandi/ Bilaspur were withdrawn from the said law firm namely M/s M.V. Kini & Co. and were allotted to M/s Nishaank Mattoo & Associates vide letter dated 20.09.2023. It is further submitted that the applicant was under bonafide belief that the instant case is pending before the learned District Judge, Bilaspur/Mandi and on closing of the financial year, the applicant inquired from all the

counsels/law firms about the pendency of all the cases pending in various forums throughout the State of H.P. and then it came to their knowledge that the objection petitions pertaining to Mohal Dehar have been disposed of. Thereafter, the applicant immediately contacted its counsel in order to procure the certified copy as well as record for preparation of the instant 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 counsel for the non-applicant 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 .

Send for records. List for hearing in due

course.

Learned counsel for the respondent

undertakes to file power of attorney on behalf of the

respondent within three weeks.

OMPST No. 3948 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 07.03.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 15.02.2023, is ordered to be stayed during the pendency of appeal.

Application stands disposed of.

(Romesh Verma) Judge

7^th July, 2026 (kck)