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

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

What the court decided

AI extract

Outcome

Delay of 289 days in filing the appeal condoned; application stands disposed of; appeal (Arb. Appeal No._______ of 2026) admitted and registered with records summoned and appellant directed to supply the entire paper book to respondent's counsel; operation, implementation and execution of the impugned judgment dated 13.01.2025 (learned District Judge, Mandi) and the arbitral award dated 23.01.2023 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 289 days in filing the appeal against the judgment dated 13.01.2025 of the learned District Judge should be condoned. +2 more

Court's answer

The application for condonation of delay is allowed and the delay of 289 days in filing the appeal is condoned, the delay having arisen from the failure of the counsel/law firm to apprise the applicant of the disposal rather than being intentional or willful.

Ratio / Principle

The appeal is admitted and ordered to be registered; records are to be sent for and the case listed in due course.

Key takeaways

The operation, implementation and execution of the impugned judgment dated 13.01.2025 passed by the learned District Judge, Mandi and of the arbitral award dated 23.01.2023 is 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.ratio¶24

Detailed headnote1 paragraphs

NHAI v. Krishanu — OMP(M) No.286 of 2026, decided 15.07.2026 (Romesh Verma, J.): Application for condonation of 289 days' delay in filing appeal against judgment dated 13.01.2025 of learned District Judge, Mandi (disposing objections petitions pertaining to Mohal Chhat arising from arbitral award dated 23.01.2023) allowed; delay attributed to failure of erstwhile law firm M/s M.V. Kini & Co. (cases withdrawn vide letters dated 20.09.2023 and 26.03.2024) to intimate disposal, certified copy delivered only on 05.04.2025 — Delay condoned as neither intentional nor willful; appeal admitted and registered, records summoned, appellant to supply paper book to respondent's counsel — Operation, implementation and execution of impugned judgment and arbitral award stayed during pendency of appeal subject to deposit of entire awarded amount with up-to-date interest within eight weeks (OMPST No.3949 of 2026).

NHAI vs. Krishanu

OMP(M) No.286 of 2026

15.07.2026 Present:

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

Mr. Malay Kaushal, Advocate, for the respondent.

OMP(M) No.286 of 2026

The present application has been filed for condonation of 289 days’ delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 13.01.2025. Learned counsel for the applicant had applied for certified copy of impugned judgment on 06.03.2025 and the same was delivered on 05.04.2025. 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.

Earlier also, due to inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co., cases were withdrawn from the law firm vide letters dated 20.09.2023 and 26.03.2024. On Closing of the financial year, the applicant inquired from the law firm about the pendency of the cases in various Forums, and it is only then, it came to the knowledge of the applicant that the objections petitions pertaining to Mohal Chhat were

disposed of. Due to the failure of the counsel/ law firm to apprise the status of these cases decided by the court below, there has been a delay in filing the 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.

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 respondent during the course of the day.

OMPST No.3949 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 13.01.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 23.01.2023 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma ) Judge

July 15, 2026 (vt)