NHAI Vs Jagdish Kumar Alias Jagdish Chand and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Jagdish Kumar Alias Jagdish Chand and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned; appeal admitted and to be registered (Arb. Appeal No.____/2026 / ARBAST No. 63798/2025) and listed for hearing in due course; record requisitioned; appellant's counsel directed to supply the entire paper book to respondents' counsel the same day; execution, implementation and operation of the impugned award dated 15.02.2023 and the judgment dated 02.07.2024 stayed during pendency of appeal, conditional on deposit of the entire awarded amount with up-to-date interest within eight weeks (OMPST 64729/25).

Issue for consideration

Whether the delay in filing the appeal should be condoned on the ground of misplacement of the certified copy of the judgment dated 02.07.2024. +1 more

Court's answer

The condonation-of-delay application is allowed and the delay in filing the appeal is condoned, in view of the averments in the application supported by an affidavit and the absence of objection from learned counsel for the non-applicants.

Ratio / Principle

Execution, implementation and operation of the impugned award dated 15.02.2023 passed by the learned Arbitrator and the judgment dated 02.07.2024 passed by the learned District Judge, Mandi, H.P. shall remain stayed during the pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest by the applicant/appellant within eight weeks.

Detailed headnote1 paragraphs

Order dated 07.07.2026 (single Judge): Delay in filing the appeal by NHAI against the judgment dated 02.07.2024 of the learned District Judge, Mandi, H.P. in CIS Registration No. 435 of 2023 — rendered in proceedings arising from the arbitral award dated 15.02.2023 — was condoned. The certified copy of the judgment had been applied for on 12.12.2024, delivered on 08.01.2025 and thereafter misplaced; the application was supported by an affidavit and counsel for the non-applicants raised no objection. The appeal was admitted, the record requisitioned and the paper book directed to be supplied to respondents' counsel. Execution, implementation and operation of the impugned award dated 15.02.2023 and the judgment dated 02.07.2024 were stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks.

NHAI vs. Jagdish Kumar @ Jagdish Chand & another

OMP(M) No. 31 of 2026

07.07.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the appellant.

Mr. Anirudh Sharma, Advocate, for the respondents.

OMP(M) No. 31 of 2026

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

It is averred that the certified copy of the judgment dated 02.07.2024 was applied on 12.12.2024 and the same was delivered on 08.01.2025. However, the said copy got misplaced and could not be traced despite best efforts. The misplacement of the certified copy was neither deliberate nor intentional but occurred due to bona fide circumstances. Upon retrieval of the certified copy after diligent search, the applicant immediately took all necessary steps for preparation and filing of the present appeal, without any further delay.

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.

The learned counsel for the non-applicants have no objection, in case the present application is allowed.

In view of the averments as made in the application, which is duly supported by an affidavit and keeping in view the fact that the learned counsel for the non-applicants have no objection, the present application is allowed, and the delay in filing the appeal is condoned.

Application stands disposed off.

Arb. Appeal No.____/2026 (ARBAST No. 63798/2025)

Appeal be registered.

Heard.

Admit.

List for hearing in due course.

In the meantime, record be requisitioned.

Learned counsel for the appellant is directed to

supply entire paper book to learned counsel for the respondents during the course of day.

OMP No. _____of 2026 (OMPST 64729/25)

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 learned Arbitrator and

judgment dated 02.07.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 435 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

July 7, 2026 ( Nisha)