NHAI Vs Chuni Lal — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Chuni Lal — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 517 days in filing the appeal condoned; the appeal (registered as Arb. Appeal No. /2026, serial number blank in source) directed to be registered, records called for and listing deferred until receipt of records; in OMPST No. 64722/2025, the operation, implementation and execution of the impugned judgment dated 03.07.2024 (District Judge, Mandi) and of the Arbitral Award dated 15.02.2023 stayed during the pendency of the appeal, subject to deposit by the applicant/appellant of the entire awarded amount with up-to-date interest within eight weeks.

Issue for consideration

Whether the delay of 517 days in filing the appeal should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the delay of 517 days in filing the appeal is condoned, the averments being supported by an affidavit.

Ratio / Principle

During the pendency of the appeal, the operation, implementation and execution of the impugned judgment dated 03.07.2024 (learned District Judge, Mandi) as well as the Arbitral Award dated 15.02.2023 are ordered stayed.

Key takeaways

The stay is conditional: the applicant/appellant must deposit the entire awarded amount along with up-to-date interest within a period of eight weeks.ratio¶21

Detailed headnote1 paragraphs

NHAI's application (OMP(M) No. 43 of 2026) for condonation of a 517-day delay in filing an appeal against the judgment dated 03.07.2024 of the learned District Judge, Mandi (arising from an Arbitral Award dated 15.02.2023) was allowed unopposed, the delay having been attributed to misplacement of the certified copy (delivered 08.01.2025) and its subsequent retrieval, with the averments supported by affidavit. The appeal (Arb. Appeal No. /2026) was ordered registered and records summoned. In OMPST No. 64722/2025, the operation, implementation and execution of the impugned judgment and of the Arbitral Award were stayed during the pendency of the appeal, subject to deposit by the applicant/appellant of the entire awarded amount along with up-to-date interest within eight weeks.

NHAI vs. Chuni Lal

OMP(M) No. 43 of 2026

15.06.2026

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

Mr. Anirudh Sharma, Advocate, for the respondent.

OMP(M) No. 43 of 2026

The present application has been filed for

condonation of delay of 517 days in filing the present appeal. It has been averred in the application that the impugned judgment was passed by the learned District Judge, Mandi on 03.07.2024. The learned counsel for the applicant had applied for certified copy of impugned judgment on 03.07.2024 and the same was delivered on 08.01.2025. Further, it has been averred that due to inadvertence and oversight, the certified copy got misplaced and the misplacement of the certified copy was neither intentional nor willful but the same has occurred due to bonafide circumstances. Upon retrieval of the copy, the applicant took all necessary steps for preparation of the present appeal and delay in filing the present appeal occurred under such circumstances.

Learned counsel for the non-applicant has no objection in case the application is allowed.

Consequently, in view of the averments as made in the application, which are duly supported by an

affidavit and in view of the 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. /2026

Appeal be registered.

Send for records.

List for consideration after receiving the

records.

OMPST No. 64722/2025

Be registered.

Subject to deposit of entire awarded amount along with up-to-date interest by the applicant/ appellant within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 03.07.2024, as passed by learned District Judge, Mandi as well as Arbitral Award dated 15.02.2023, during the pendency of appeal, is ordered to be stayed.

The application stands disposed of.

15^th June, 2026 (kck)