NHAI Vs Tilak Raj and Others — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Tilak Raj and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

OMP(M) No.270 of 2026 allowed: 39 days' delay in filing the appeal condoned; application disposed of. Arb. Appeal admitted, records summoned, appellant to supply paper book to respondents' counsel. OMPST No.3940 of 2026 disposed of: operation, implementation and execution of the impugned judgment dated 23.09.2025 (learned District Judge, Mandi) and the arbitral award dated 07.05.2024 stayed during pendency of appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks.

Issue for consideration

Whether the delay of 39 days in filing the appeal against the impugned judgment should be condoned. +1 more

Court's answer

The application for condonation of 39 days' delay in filing the appeal is allowed and the delay is condoned, the delay being neither intentional nor willful and attributable to procurement of the certified copy and record and examination of the matter at various levels.

Ratio / Principle

The appeal is admitted, the record is to be summoned and the matter is to be listed in due course.

Key takeaways

Learned counsel for the appellant is directed to supply a copy of the entire paper book to the learned counsel for the respondents during the course of the day.ratio¶18
The operation, implementation and execution of the impugned judgment dated 23.09.2025 passed by the learned District Judge, Mandi and of the arbitral award dated 07.05.2024 are stayed during the pendency of the appeal.ratio¶21
The stay is subject to deposit of the entire awarded amount along with up-to-date interest by the appellant/applicant within a period of eight weeks from the date of the order.

Detailed headnote1 paragraphs

NHAI's application (OMP(M) No.270 of 2026) for condonation of 39 days' delay in filing an appeal against the judgment dated 23.09.2025 of the learned District Judge, Mandi, rendered in a matter arising from an arbitral award dated 07.05.2024, is allowed. The delay, occasioned by procurement of the certified copy (applied for 13.10.2025, delivered 15.10.2025) and of the record (procured November 2025) and by examination of the matter at various levels, was held to be neither intentional nor willful, and the application was affidavit-supported. The appeal was admitted and records summoned, with the appellant directed to supply the paper book to the respondents' counsel the same day. In OMPST No.3940 of 2026, the operation, implementation and execution of the impugned judgment dated 23.09.2025 and of the arbitral award dated 07.05.2024 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.

NHAI vs. Tilak Raj & others

OMP(M) No.270 of 2026

15.07.2026 Present:

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

Mr. Suneet Verma, Advocate, for respondents No.1 to 5.

Mr. Baldev Singh Negi, Addl. A.G., for respondent No.6.

OMP(M) No.270 of 2026

The present application has been filed for condonation of 39 days’ delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 23.09.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 13.10.2025 and the same was delivered on 15.10.2025. It has further been averred that the applicant contacted its counsel to procure the certified copy as well as the record, and the copy of record was finally procured in the month of November 2025. It has been contended that the matter was examined at various levels for the purpose of filing the appeal, and in this process, delay has occurred in filing the appeal, which 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.

List in due course.

Learned counsel for the appellant is directed to supply copy of the entire paper book to the learned counsel for the respondents during the course of the day.

OMPST No.3940 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 23.09.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 07.05.2024 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma ) Judge

July 15, 2026 (vt)