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

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

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned; appeal ordered to be registered and admitted, record requisitioned, hearing in due course; execution, implementation and operation of the arbitral award dated 03.04.2023 and the judgment dated 07.03.2025 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount alongwith up to date interest by the applicant/appellant within eight weeks.

Issue for consideration

Whether the delay in filing the appeal against the judgment dated 07.03.2025 of the learned District Judge, Mandi, H.P. ought to be condoned. +1 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 application (duly supported by affidavit) and the submissions of learned counsel for the applicant.

Ratio / Principle

Execution, implementation and operation of the impugned arbitral award dated 03.04.2023 passed by the Arbitrator and the judgment dated 07.03.2025 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 alongwith up to date interest by the applicant/appellant.

Key takeaways

The conditioned deposit (entire awarded amount with up to date interest) is to be completed within eight weeks from the date of the order.ratio¶23

Detailed headnote1 paragraphs

Condonation of delay — Arbitration — Applicant (NHAI) engaged M/s Kini Law Firm to challenge the arbitral award before the learned District Judge, Mandi, H.P.; knowledge of the impugned judgment dated 07.03.2025 acquired on counsel's advice, certified copy applied for on 12.06.2025 and delivered on 26.06.2025; application supported by affidavit, reply filed by non-applicant. Held: delay neither intentional nor deliberate per applicant's averments; application allowed and delay condoned. Appeal (Arb. Appeal No.___/2026, ARBAST No. 42913/2025) registered and admitted, record requisitioned, hearing in due course. Execution, implementation and operation of the impugned arbitral award dated 03.04.2023 passed by the Arbitrator and of the judgment dated 07.03.2025 passed by the learned District Judge, Mandi, H.P. (CIS Registration No. 201 of 2023) stayed during the pendency of the appeal, subject to deposit by the applicant/appellant of the entire awarded amount alongwith up to date interest, needful to be done within eight weeks (OMP No.___/2026, OMPST 57624/25). Quantum of awarded amount not stated in the order.

NHAI vs. Sukh Dev

OMP(M) No. 409 of 2025

13.05.2026

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

Mr. Munish Dhatwalia, Advocate for the respondents.

OMP(M) No. 409 of 2025

The present application has been filed for condonation of delay in filing the present appeal. As per the averments made therein, it is stated that the applicant had engaged M/s Kini Law Firm for the purpose of challenging the arbitral award before the learned District Judge, Mandi, H.P.

It is further averred that the aforesaid firm opined the applicant that an appeal shall be preferred against the impugned judgment dated 07.03.2025, and the applicant acquired knowledge of passing of the said impugned judgment only thereafter. The certified copy of the impugned judgment dated 07.03.2025, was applied on 12.06.2025 and delivered on 26.06.2025. Immediately, thereafter, necessary steps were taken by the office of the applicant to file the present appeal.

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.

Reply to the application has been filed by learned counsel for the non-applicant.

In view of the averments made in the application, which is duly supported by an affidavit, and in view of the submissions made by learned counsel for the applicant, the present application is allowed, and the delay in filing the appeal is condoned.

Application stands disposed off.

Arb. Appeal No.____/2026 (ARBAST No. 42913/2025)

Appeal be registered.

Heard.

Admit.

List for hearing in due course.

Record be requisitioned.

OMP No. _____of 2026 (OMPST 57624/25)

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 03.04.2023, passed by Arbitrator and judgment dated 07.03.2025, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 201 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

May 13, 2026 (Nisha)