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

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

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned and the condonation application allowed and disposed of; appeal registered and admitted, to be listed for hearing in due course with record requisitioned; appeal abated qua deceased respondents No. 2 and 5; execution, implementation and operation of the impugned award dated 15.02.2023 and the District Judge judgment dated 01.07.2024 stayed during the pendency of the appeal, conditional on deposit of the entire awarded amount alongwith up-to-date interest within eight weeks.

Issue for consideration

Whether the delay in filing the appeal against the impugned judgment dated 01.07.2024 should be condoned. +2 more

Court's answer

Delay in filing the appeal is condoned; the application, supported by an affidavit, is allowed in view of its averments and the submissions of learned counsel for the applicant.

Ratio / Principle

The appeal stands abated qua respondents No. 2 and 5 because consequential steps on their deaths were not taken in sequel to the orders dated 25.11.2025, 13.03.2026 and 28.04.2026; learned counsel for the appellant is directed to supply the entire paper book to learned counsel for the respondent during the course of the day.

Key takeaways

The arbitration appeal is admitted and is to be listed for hearing in due course, with the record to be requisitioned in the meantime; the appeal is also ordered to be registered.ratio¶17
Execution, implementation and operation of the impugned award dated 15.02.2023 passed by the Arbitrator and the judgment dated 01.07.2024 passed by learned District Judge, Mandi, H.P. (CIS Registration No. 85 of 2023) shall remain stayed during the pendency of the appeal, subject to the applicant/appellant depositing the entire awarded amount alongwith up-to-date interest, needful to be done within eight weeks.ratio¶23

Detailed headnote1 paragraphs

Single-judge order dated 03.06.2026 of Romesh Verma, Judge, disposing of three related filings arising from an NHAI arbitration dispute against Duni Singh & others. (i) OMP(M) No. 262 of 2025: delay in filing the appeal against the impugned judgment dated 01.07.2024 (certified copy applied 03.12.2024, delivered 21.12.2024) is condoned as bona fide and the affidavit-supported application is allowed and disposed of. (ii) Arb. Appeal (ARBAST Filing No. 23079 of 2025): appeal registered and ADMITTED; however, as consequential steps on the deaths of respondents No. 2 and 5 were not taken despite orders dated 25.11.2025, 13.03.2026 and 28.04.2026, the appeal STANDS ABATED qua respondents No. 2 and 5; appellant's counsel directed to supply the entire paper book to respondent's counsel the same day; record to be requisitioned. (iii) OMP (OMPST 23080/25): execution, implementation and operation of the impugned award dated 15.02.2023 passed by the Arbitrator and of the judgment dated 01.07.2024 passed by learned District Judge, Mandi, H.P. in CIS Registration No. 85 of 2023 shall remain STAYED during the pendency of the appeal, SUBJECT TO the applicant/appellant depositing the entire awarded amount alongwith up-to-date interest within eight weeks. No statute or precedent case is cited; the award quantum is not disclosed in the order.

NHAI vs. Duni Singh & others

OMP(M) No. 262 of 2025

03.06.2026 Present: Ms. Senh Bhimta, Advocate, for the applicant.

Mr. Vivek Thakur, Advocate, vice Mr. Yuyutsu Singh Thakur, Advocate, for respondents No. 1, 3, 4 and 6 to 15.

OMP(M) No. 262 of 2025

The present application has been filed for condonation of delay in filing the present appeal.

It is averred that the certified copy of the impugned judgment dated 01.07.2024, was applied on 03.12.2024 and delivered on 21.12.2024. Immediately, thereafter, necessary steps were taken by the applicant to file the present appeal.

The applicant has further submitted that the delay in filing the present appeal is neither intentional nor deliberate, but has occurred on account of bona fide reasons, as stated in the application.

In view of the averments made in the application, which is duly supported by an affidavit, and in view of the submissions made by learned counsel for the applicant, the present application is allowed, and the delay in filing the appeal is condoned.

Application stands disposed off.

Arb. Appeal No.____/2026 (ARBAST Filing No. 23079 of 2025)

Appeal be registered.

In sequel to orders dated 25.11.2025, 13.03.2026

and 28.04.2026, consequential steps on the death of respondents No. 2 and 5 have not been taken, consequently,

appeal stands abated qua respondents No. 2 and 5. Learned counsel for the appellant is directed to supply entire paper book to learned counsel for the respondent during the course of day.

Heard.

Admit.

List for hearing in due course.

In the meantime, record be requisitioned.

OMP No. _____of 2026 (OMPST 23080/25)

Application be registered.

Subject to deposit of entire awarded amount alongwith up to date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 15.02.2023, passed by Arbitrator and judgment dated 01.07.2024, passed by learned District Judge, Mandi, H.P. in

CIS Registration No. 85 of 2023, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today.

Application stands disposed off.

(Romesh Verma) Judge

June 3, 2026 ( Nisha)