NHAI Vs Minaxi Devi and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Minaxi Devi and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the arbitration appeal condoned; operation, execution and implementation of the impugned judgment dated 02.01.2025 and the arbitral award dated 07.08.2023 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest in the Registry of the Court within eight weeks; record of the court below to be requisitioned and the matter listed for consideration the following week.

Issue for consideration

Whether the delay in filing the arbitration appeal against the judgment dated 02.01.2025 of the learned District Judge, Mandi, should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the delay in filing the present appeal is condoned, the application being affidavit-supported and the respondents' counsel raising no objection.

Ratio / Principle

Execution and implementation of the impugned judgment dated 02.01.2025 passed by the learned District Judge, Mandi, and of the arbitral award dated 07.08.2023, shall remain stayed during the pendency of the appeal, subject to the applicant depositing the entire awarded amount with up-to-date interest in the Registry of this Court within eight weeks.

Detailed headnote1 paragraphs

NHAI (applicant/appellant) sought condonation of delay in filing its arbitration appeal (Arb. Appeal/ARBAST No. 42938 of 2025) against the judgment dated 02.01.2025 of the learned District Judge, Mandi Division, District Mandi, rendered on its challenge to an arbitral award dated 07.08.2023. The delay, attributed to late acquisition of knowledge of the judgment (legal opinion dated 19.07.2025; certified copy applied 12.06.2025, delivered 26.6.2025), was condoned as the affidavit-supported application drew no objection from the respondents' counsel. Via OMPST No. 45500 of 2025, the Court stayed operation, execution and implementation of the impugned judgment and the arbitral award during the pendency of the appeal, subject to the applicant depositing the entire awarded amount with up-to-date interest in the Registry within eight weeks. Record of the court below was ordered to be requisitioned and the matter listed the following week. Order by Romesh Verma, Judge, dated 21.05.2026.

NHAI vs. Rakesh Kumar Smt. Minaxi Devi & anr.

OMP(M) No. 395 of 2025

21.05.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant/appellant

Mr. Umesh Kanwar, Advocate, for the respondents.

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 respondents has no objection in case the delay is condoned, 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. 42938 of 2025)

Record of the learned Court below be requisitioned.

Learned counsel for the applicant/appellant is directed to supply paper book to the learned counsel for the respondents during the course of the day.

List for consideration next week.

OMPST No. 45500 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 07.08.2023 shall remain stayed during the pendency of the appeal.

The application stands disposed off.

( Romesh Verma) Judge

May 21, 2026 ( veena)