NHAI Vs Rajni and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Rajni and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned; appeal admitted with post-admission notice to respondents No.1 to 4 (returnable within four weeks, steps within three days); operation, implementation and execution of the impugned judgment dated 07.03.2025 (learned District Judge, Mandi) and the arbitral award dated 07.08.2023 stayed during pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks; both applications disposed of.

Issue for consideration

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

Court's answer

The application for condonation of delay is allowed and the delay in filing the appeal is condoned, in view of the averments in the affidavit-supported application and the submissions of learned counsel for the applicant.

Ratio / Principle

The appeal is admitted, and post-admission notice is to be issued to respondents No.1 to 4, returnable within four weeks, on taking steps within three days.

Key takeaways

During the pendency of the appeal, the operation, implementation and execution of the impugned judgment dated 07.03.2025 passed by the learned District Judge, Mandi as well as the arbitral award dated 07.08.2023 are stayed.ratio¶19
The stay is conditional: the appellant/applicant must deposit the entire awarded amount along with up-to-date interest within a period of eight weeks.ratio¶19
The stay application (OMPST No.45897 of 2025) stands disposed of.

Detailed headnote1 paragraphs

Condonation of delay; arbitration appeal admitted; conditional stay of execution — NHAI filed OMP(M) No.371 of 2025 seeking condonation of delay in appealing against the judgment dated 07.03.2025 of the learned District Judge, Mandi (passed on NHAI's challenge to the arbitral award dated 07.08.2023). The Court, noting the affidavit-supported averments (including late delivery of the certified copy) and counsel's submissions, allowed the application and condoned the delay. The appeal (Arb. Appeal No._______ of 2026) was ordered registered and admitted, with post-admission notice to respondents No.1 to 4 returnable within four weeks on steps within three days; respondents No.1 to 4 had already been proceeded against ex-parte per the Additional Registrar (Judicial)'s order dated 12.12.2025. In OMPST No.45897 of 2025, the operation, implementation and execution of the impugned judgment dated 07.03.2025 and the arbitral award dated 07.08.2023 were stayed during the pendency of the appeal, subject to the appellant/applicant depositing the entire awarded amount with up-to-date interest within eight weeks. Both applications stand disposed of. (Romesh Verma, Judge; 01.06.2026)

NHAI vs. Rajni & others

OMP(M) No.371 of 2025

01.06.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant. None for respondents No.1 to 4. Mr. B.S. Negi, Addl. A.G., for respondent No.5. OMP(M) No.371 of 2025

The present application has been filed for condonation

of delay in filing the present appeal.

Notice was issued in the aforesaid application on 06.10.2025. As per order as passed by Additional Registrar (Judicial) on 12.12.2025, respondents No.1 to 4 were duly served, but none had appeared on their behalf. Hence, they were proceeded against ex-parte.

In the present application, it has been averred that the impugned judgment was passed by learned District Judge on 07.03.2025. The applicant had engaged M/s Kini Law Firm to challenge the arbitral award before the learned District Judge, Mandi. Thereafter, the engaged counsel vide its legal opinion decided to file the appeal against the impugned judgment and it is only then the applicant acquired the knowledge of passing of impugned judgment. The certified copy of impugned judgment was applied on 12.06.2025 and the same was delivered on 26.06.2026. 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 .

Issue post admission notice to respondents No.1 to 4, returnable within four weeks, on taking steps within three days.

List thereafter.

OMPST No.45897 of 2025

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 07.03.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 07.08.2023 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma ) Judge

June 01, 2026 (vt)