NHAI Vs Mast Ram — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Mast Ram — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned; appeal admitted and ordered registered (ARBAST No. 42892 of 2025), with the record of the learned Court below to be requisitioned; operation, execution and implementation of the impugned judgment dated 02.01.2025 and the arbitral award dated 30.05.2023 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount alongwith up-to-date interest in the Registry of this Court within eight weeks.

Issue for consideration

Whether the delay in filing the appeal against the impugned judgment dated 02.01.2025 should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the delay in filing the appeal is condoned.

Ratio / Principle

Condonation is granted on the basis of the application's averments being duly supported by an affidavit and the learned counsel for the respondent having no objection to the delay being condoned.

Key takeaways

The arbitration appeal against the impugned judgment is admitted.ratio¶11
Subject to the applicant depositing the entire awarded amount alongwith up-to-date interest in the Registry of this Court within eight weeks, the operation, execution and implementation of the impugned judgment dated 02.01.2025 and the arbitral award dated 30.05.2023 shall remain stayed during the pendency of the appeal.ratio¶15

Detailed headnote1 paragraphs

Order dated 20.05.2026 in NHAI vs. Mast Ram: (i) application for condonation of delay in filing the arbitration appeal against the judgment dated 02.01.2025 of the learned District Judge, Mandi Division, District Mandi (passed on the challenge to the arbitral award dated 30.05.2023) is allowed and the delay condoned, the averments being affidavit-supported and the respondent's counsel having no objection; (ii) the appeal is to be registered as ARBAST No. 42892 of 2025, is admitted, and the record of the court below is to be requisitioned; (iii) in OMPST No. 45974 of 2025, the operation, execution and implementation of the impugned judgment and of the arbitral award dated 30.05.2023 are stayed during the pendency of the appeal, subject to the applicant depositing the entire awarded amount alongwith up-to-date interest in the Registry of this Court within eight weeks.

NHAI vs. Mast Ram

OMP(M) No.377 of 2025

20.05.2026

Present: Mr. Sumeet Raj Sharma, Advocate for the appellant. Ms. Manisha Kumari, Advocate, for the respondent

The instant application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that impugned judgment was passed by the learned District Judge, Mandi Division, District Mandi, on 02.01.2025. It has further 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 engaged counsel vide its legal opinion dated 19.07.2025, had opined to the applicant/appellant that an appeal shall be preferred against the impugned judgment dated 02.01.2025 and only then the applicant/ appellant acquired the knowledge of the passing of the impugned judgment dated 02.01.2025. It is averred that the said counsel had applied the certified copy of the impugned judgment dated 02.01.2025 which was applied on 12.06.2025 and delivered on 26.6.2025. Thereafter the office of the applicant/appellant took immediate steps for filing the appeal. It has been further contended by the learned counsel for the applicant/appellant 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/appellant.

Keeping in view the averments as made in the application, which is duly supported by an affidavit and keeping in view of the fact that the learned counsel appearing for the respondent has no objection in case the delay is condoned, Consequently, the present application is allowed and the delay in filing the present appeal is condoned.

Application stands disposed off.

Arb. Appeal No._______2026 (ARBAST No. 42892 of 2025)

Appeal be registered.

Heard.

Admit.

Record of the learned Court below be requisitioned

OMPST No. 45974 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 02.01.2025, passed by the learned District Judge, Mandi, District Mandi and also the arbitral award dated 30.05.2023 shall remain stayed during the pendency of the appeal.

The application stands disposed off.

( Romesh Verma) Judge

May 20, 2026 ( veena)