NHAI Vs Bimla Devi and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Bimla Devi and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 23 days in filing the appeal condoned and the condonation application disposed of; appeal admitted with records called for; subject to deposit of the entire awarded amount with up-to-date interest within eight weeks, operation, implementation and execution of the impugned judgment dated 09.07.2025 and the arbitral award dated 08.02.2023 stayed during the pendency of the appeal.

Issue for consideration

Whether the delay of 23 days in filing the appeal against the judgment dated 09.07.2025 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 of 23 days in filing the appeal is condoned, in view of the averments in the application supported by affidavit, the submissions of counsel for the applicant, and the no objection of the respondents.

Ratio / Principle

The appeal against the judgment dated 09.07.2025 of the learned District Judge, Mandi is admitted and the records are called for; the appellant's counsel was directed to supply the entire paper book to the respondents' counsel during the course of the day.

Key takeaways

Subject to deposit of the entire awarded amount along with up-to-date interest by the appellant/applicant within a period of eight weeks, the operation, implementation and execution of the impugned judgment dated 09.07.2025 passed by the learned District Judge, Mandi, HP, as well as the arbitral award dated 08.02.2023, is stayed during the pendency of the appeal.ratio¶22

Detailed headnote1 paragraphs

Condonation of delay — 23 days' delay in filing arbitration appeal against judgment dated 09.07.2025 of the learned District Judge, Mandi condoned, the respondents having no objection and the application being supported by affidavit; appeal admitted and records called for. Stay — subject to deposit of the entire awarded amount with up-to-date interest within eight weeks by the appellant/applicant (NHAI), the operation, implementation and execution of the impugned judgment dated 09.07.2025 and of the arbitral award dated 08.02.2023 stayed during the pendency of the appeal.

NHAI Vs. Bimla Devi and Ors.

OMP (M) No. 472 of 2025

16.06.2026 Present: Mr. Narender Guleria, Advocate, for the applicant/appellant.

Mr. Yuyutsu Singh Thakur, Advocate, for respondents No. 1 to 4 and 5(i) to 5(iv).

OMP(M) No. 472 of 2025

The instant application has been filed by the applicant for condonation of delay 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 09.07.2025. As per the case as set up by the appellant, the certified copy of the judgment was supplied to the applicant on 24.09.2025. It has been averred in the application that after procuring the copy, the applicant contacted its counsel to procure the record and after procuring the record from the office of the counsel, legal opinion was sought so as to determine future course of action. The said legal opinion was also reviewed by the Regional Office. In this process the delay of 23 days has occurred in filing the instant appeal. Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances.

Learned counsel for the respondents submits that he has no objection in case the present application is allowed.

Consequently, in view of the averments as made in the application, which is duly supported by an affidavit, and the submissions as made by learned counsel for the applicant and also in view of the no objection on behalf of the respondents, the present application is allowed and delay in filing the appeal is condoned. Accordingly, the application stands disposed of.

Arb. Appeal No._______ of 2026

Appeal be registered.

Heard.

Admit.

Call for the records.

Learned counsel for the appellant is directed to supply

the entire paper book to the learned counsel for the respondents

during the course of the day.

OMPST No. 57721 of 2025

Be registered.

Heard.

Subject to deposit of entire awarded amount along

with up-to-date interest by the appellant/applicant within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 09.07.2025, as passed by learned District Judge, Mandi, HP. as well as arbitral award dated 08.02.2023 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma ) Judge 16^th June, 2026

(sushma)