NHAI Vs Aele Ram and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Aele Ram and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned and condonation application allowed and disposed of; appeal admitted and directed to be registered with records summoned; operation, implementation and execution of the impugned judgment dated 29.03.2025 (District Judge, Mandi) and the arbitral award dated 15.09.2023 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks; post-admission notice to respondent No.1 returnable within four weeks on steps within one week.

Issue for consideration

Whether the delay in filing the appeal should be condoned. +2 more

Court's answer

In view of the averments in the application (supported by affidavit) and submissions of learned counsel, the condonation application is allowed and the delay in filing the appeal is condoned; the application stands disposed of.

Ratio / Principle

The appeal is admitted; records are to be sent for; post-admission notice to respondent No.1, returnable within four weeks on steps being taken within one week.

Key takeaways

Operation, implementation and execution of the impugned judgment dated 29.03.2025 passed by the learned District Judge, Mandi, as well as of the arbitral award dated 15.09.2023, are stayed during the pendency of the appeal.ratio¶20
The stay is subject to the appellant/applicant depositing the entire awarded amount along with up-to-date interest within a period of eight weeks.ratio¶20

Detailed headnote1 paragraphs

Arbitration appeal by NHAI against judgment and decree dated 29.03.2025 of the learned District Judge, Mandi (concerning an arbitral award dated 15.09.2023). Condonation-of-delay application allowed: the certified copy applied for on 24.04.2025 and delivered on 30.04.2025 had been misplaced and was traced only after diligent search, the delay being neither deliberate nor willful. Delay condoned; appeal admitted and directed to be registered, records summoned, post-admission notice to respondent No.1 returnable within four weeks on steps within one week. Operation, implementation and execution of the impugned judgment and the arbitral award stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks. (Romesh Verma, Judge; 15.05.2026.)

NHAI vs. Aele Ram & Anr.

OMP(M) No.513 of 2025.

15.05.2026 Present: Mr. Santosh Kumar, Advocate, vice Mr. Sumeet Raj Sharma, Advocate, for the applicant/appellant.

Mr. Baldev Singh Negi, Addl. A.G., for respondent No.2.

OMP(M) No. 513 of 2025.

The present application has been filed

for condonation of delay in filing the present appeal. It has been averred in the application that the copy of impugned judgment and decree dated 29.03.2025 was applied by the counsel on 24.04.2025 and the same was prepared and delivered on 30.04.2025. However, due to inadvertence and oversight, the certified copy was misplaced and could not be traced despite best efforts. It is further submitted that the misplacement of the certified copy was neither deliberate nor intentional. Upon retrieval of the certified copy after diligent search, the

applicant/appellant immediately took all necessary steps for preparation and filing of the present appeal

without any further delay. In the said process some delay has occurred, which is neither intentional nor willful, but the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant/appellant.

Consequently, in view of the averments as made in the application, which is duly supported by an afÏdavit and in view of the submissions made by learned counsel for the applicant/appellant, 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. Send for records.

Post admission notice to respondent

No.1, returnable within four weeks, on steps being

taken within one week.

OMPST No.60564 of 2025.

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 29.03.2025 as passed by learned District Judge, Mandi as well as arbitral award dated 15.09.2023 during the pendency

of appeal is ordered to be stayed. Application stands

disposed of

(Romesh Verma) Judge

15^th May, 2026. (Jai)