NHAI Vs Prem Lal and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Prem Lal and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 261 days in filing the appeal condoned and application allowed; appeal and accompanying OMP directed to be registered (Arb. Appeal / ARBAST No. 42904/25; OMPST No. 45895 of 2025); operation, execution and implementation of the impugned judgment dated 02.12.2024 and the arbitral award dated 18.4.2023 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest in the Registry within eight weeks.

Issue for consideration

Whether the delay of 261 days in filing the appeal against the impugned judgment should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the delay of 261 days in filing the present appeal is condoned, in view of the averments in the application duly supported by affidavit and the absence of objection from the learned Additional Advocate General; the delay was neither intentional nor willful and occurred due to unavoidable circumstances beyond the control of the applicant.

Ratio / Principle

Subject to deposit of the entire awarded amount along with up-to-date interest by the applicant in the Registry of this Court within a period of eight weeks, the operation, execution and implementation of the impugned judgment dated 02.12.2024 passed by the learned District Judge, Mandi and of the arbitral award dated 18.4.2023 shall remain stayed during the pendency of the appeal.

Detailed headnote1 paragraphs

Condonation of delay — 261 days' delay in filing appeal against judgment dated 02.12.2024 of the learned District Judge, Mandi, rendered in a challenge to the arbitral award dated 18.4.2023 — applicant (NHAI) had engaged M/s Kini Law Firm to challenge the award and acquired knowledge of the impugned judgment only when the engaged counsel opined that an appeal be preferred — certified copy applied for on 11.03.2025 and delivered on 07.05.2025 — delay held neither intentional nor willful, occurring due to unavoidable circumstances beyond the applicant's control — learned Additional Advocate General for respondent No.2 raised no objection — application allowed and delay condoned — appeal and OMP directed to be registered — operation, execution and implementation of the impugned judgment and the arbitral award stayed during the pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest in the Registry within eight weeks.

NHAI vs Prem Lal & another

OMP(M) No.376 of 2025

02.04.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant

Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2.

The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the applicant had engaged M/s Kini Law Firm to challenge the arbitral award before the learned District Judge, Mandi and thereafter the engaged counsel had opined the applicant that an appeal shall be preferred against the impugned judgment dated 25.06.2025 and only then the applicant acquired the knowledge of the passing of the impugned judgment dated 02.12.2024. It is averred that the copy of the impugned judgment was applied on 11.03.2025 and the same was delivered on 07.05.2025. It has been further contended by the learned counsel for the applicant that the delay in filing the appeal is neither intentional nor willful and the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant.

Though private respondent stands served, however, none has put in apearance on his behalf and neither any reply has been filed.

Keeping in view the averments as made in the application, which is duly supported by an affidavit and keeping in view the fact that the learned Additional Advocate General has no objection in case delay is condoned, the present application is allowed and the delay of 261 days in filing the present appeal is condoned.

Application stands disposed off.

Appeal be registered

Arb. Appeal No._____of 2026(ARBAST No. 42904/25)

OMP No. _____ 2026 ( OMPST No. 45895 of 2025)

Be registered.

Heard. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicant in the Registry of this Court within a period of eight weeks from today, operation, execution and implementation of impugned judgment dated 02.12.2024 passed by the learned District Judge,Mandi and also the arbitral award dated 18.4.2023 shall remain stayed during the pendency of the appeal.

The application stands disposed off.

( Romesh Verma) Judge

April 02, 2026 ( veena)