NHAI Vs Yash Pal — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Yash Pal — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the main appeal condoned; appeal registered and admitted with records called for; operation, implementation and execution of the impugned judgment dated 2.12.2024 and the impugned arbitral award stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest in the Registry within six weeks; learned counsel for the appellant directed to supply complete copy of paper-book to learned counsel for the respondent during the course of the day.

Issue for consideration

Whether the delay in filing the main appeal against the impugned judgment dated 2.12.2024 should be condoned and the appeal registered. +1 more

Court's answer

In view of the reasons stated in the affidavit-supported application, coupled with the submissions of learned counsel for the applicant, the delay in filing the main appeal is condoned; the appeal is to be registered and the application stands disposed of.

Ratio / Principle

The arbitration appeal is admitted and the records are directed to be sent for.

Key takeaways

Subject to the applicant depositing the entire awarded amount along with up-to-date interest in the Registry of this Court within six weeks, operation, implementation and execution of the impugned judgment and the impugned arbitral award shall remain stayed during the pendency of the appeal; the application stands disposed of.ratio¶14

Detailed headnote1 paragraphs

NHAI's application (OMP (M) No. 464/2026) for condonation of delay in filing an appeal against the impugned judgment dated 2.12.2024 (arising from the challenge to an arbitral award before the learned District Judge, Mandi) was allowed. The delay was found neither intentional nor deliberate: the applicant learnt of the judgment only through its then counsel's (M/s Kini Law Firm) legal opinion dated 24.06.2025, which advised filing the appeal after expiry of limitation. The appeal (Arb. Appeal No. /2026) was registered and admitted, with records called for. In OMP No. /2026, operation, implementation and execution of the impugned judgment and the impugned arbitral award were stayed during the pendency of the appeal, subject to NHAI depositing the entire awarded amount with up-to-date interest in the Registry within six weeks. Single Judge: Romesh Verma; order dated 2.7.2026.

NHAI vs. Yash Pal

OMP (M) No. 464/2026

2.7.2026 Present: Mr. Santosh Kumar, Advocate, vice counsel for the applicant.

Mr. Yuyutsu Singh Thakur, Advocate, for the respondent.

OMP (M) No. 464/2026

The present application has been filed for condonation of delay in filing the main 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. The engaged counsel vide its legal opinion, dated 24.06.2025 had opined the applicant that an appeal is required to be filed against the impugned judgment, dated 2.12.2024, that too after expiry of limitation period, and it is only then the applicant acquired knowledge about passing of the impugned judgment. Thereafter, prompt action was taken for filing the appeal. Thus, the aforesaid delay is neither intentional nor deliberate, but has occurred due to unavoidable circumstances, which were beyond the control of the applicant.

Learned counsel for the respondent has no objection in case the instant application is allowed.

Consequently, in view of the reasons stated in the application, which is duly supported by an affidavit, coupled with submissions made by the learned counsel for the applicant, delay in filing the main appeal is condoned. Appeal be registered. Application stands disposed of.

Arb. Appeal No. /2026

Admit. Send for the records.

List in due course.

Learned counsel for the appellant is directed to supply complete copy of paper-book to the learned counsel for the respondent during the course of the day.

OMP No. /2026

Be registered. Heard. Subject to the applicant’s depositing entire awarded amount along with upto date interest in the Registry of this Court within a period of six weeks from today, operation, implementation and execution of the impugned judgment as also the impugned arbitral award, shall remain stayed during the pendency of the appeal. Application stands disposed of.

(Romesh Verma) Judge

2.7.2026 (pankaj)