NHAI Vs Ramesh Chand — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Ramesh Chand — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Ex parte order dated 27.10.2025 recalled with liberty to the respondent to join the proceedings; delay in filing the main appeal condoned and appeal admitted for registration; operation, implementation and execution of the impugned judgment and the impugned arbitral award stayed pending appeal, subject to deposit of the entire awarded amount with up-to-date interest in the Court Registry within eight weeks.

Issue for consideration

Whether the ex parte order dated 27.10.2025 should be set aside and the respondent permitted to join the proceedings. +2 more

Court's answer

Application OMP No. 29/2026 allowed; ex parte order dated 27.10.2025 recalled and the respondent/applicant permitted to join the proceedings.

Ratio / Principle

Delay in filing the main appeal condoned in view of the reasons stated in the affidavit-supported application and counsel's submissions; appeal directed to be registered.

Key takeaways

Arbitration appeal admitted and records ordered to be called for; appellant's counsel to supply complete paper book to respondent's counsel the same day.ratio¶15
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 of the Court within eight weeks.ratio¶18

Detailed headnote1 paragraphs

Order sheet dated 2.7.2026 of Romesh Verma, Judge, in NHAI vs. Ramesh Chand. (i) OMP No. 29/2026: application of the respondent allowed and the ex parte order dated 27.10.2025 recalled, permitting the respondent to join the proceedings. (ii) OMP (M) No. 304/2025: delay in filing the main appeal (impugned order dated 30.10.2024; certified copy delivered 30.12.2024) condoned - the delay being attributed to the applicant's erstwhile Law Firm M/s M.V. Kini & Co., from which 362 cases were withdrawn and allotted to M/s Nishaank Matoo & Associates vide letter dated 20.9.2023; appeal to be registered. (iii) Arb. Appeal No. /2026 admitted; records to be called for. (iv) Operation, implementation and execution of the impugned judgment and the impugned arbitral award stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest in the Registry within eight weeks.

NHAI vs. Ramesh Chand

OMP (M) No. 304/2025

2.7.2026

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

Mr. Malay Kaushal, Advocate, for the respondent.

OMP No. 29/2026

The instant application has been filed by the respondent/applicant for setting aside ex parte order, as passed by this Court on 27.10.2025. Learned counsel for the applicant has no objection in case the instant application is allowed.

Therefore, in view of the averments, as made in the application, which is duly supported by an affidavit, the instant application is allowed and ex-parte order dated 27.10.2025 is recalled and the respondent/applicant is permitted to join the instant proceedings. Application stands disposed of.

OMP (M) No. 304/2025

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 order, dated 30.10.2024 was applied on 13.11.2024 and delivered on 30.12.2024, 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 were withdrawn from it and were allotted to M/s. Nishaank Matoo & Associates vide letter dated 20.9.2023. Thereafter, legal opinion

was sought and the matter was examined at various levels for filing the appeal and in this process, considerable delay has occurred, which is neither intentional nor deliberate, but the same is 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 applicant, 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. Learned vice counsel for the appellant undertakes to supply complete copy of the paper book to the learned counsel for the respondent during the course of the day.

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

2.7.2026 (pankaj)