NHAI Vs Ghanshyam @ Ghanshyam Dass — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Ghanshyam @ Ghanshyam Dass — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 517 days in filing the appeal condoned; appeal ordered to be registered and admitted, records summoned, and matter listed for hearing in due course; appellant directed to supply the entire copy of paper book to the learned counsel for the respondent; operation, implementation and execution of the impugned judgment dated 03.07.2024 and the arbitral award dated 15.02.2023 stayed during the pendency of the appeal, subject to deposit 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 against the impugned judgment dated 03.07.2024 ought to 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 in the application being supported by an affidavit.

Ratio / Principle

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

Detailed headnote1 paragraphs

Application (OMP(M) No. 52 of 2026) by NHAI for condonation of 517 days' delay in filing an appeal against the judgment dated 03.07.2024 of the learned District Judge, Mandi, rendered in a matter connected with an arbitral award dated 15.02.2023, was allowed. The delay was attributed to misplacement of the certified copy of the impugned judgment (applied for on 12.12.2024, delivered on 08.01.2025), stated to be neither intentional nor wilful but due to bonafide circumstances, and the averments were supported by an affidavit. The appeal was ordered to be registered and admitted, records summoned, and the appellant directed to supply the entire paper book to the respondent's counsel. In OMPST No. 64727 of 2025, the operation, implementation and execution of the impugned judgment as well as the arbitral award was stayed during the pendency of the appeal, subject to deposit of the entire awarded amount along with up-to-date interest within eight weeks. (Romesh Verma, Judge; 22.06.2026)

NHAI vs. Ghanshyam @ Ghanshyam Dass

OMP(M) No. 52 of 2026

22.06.2026

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

Mr. Anirudh Sharma, Advocate, for the respondent.

The present application has been filed for

condonation of delay of 517 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi, on 03.07.2024. Learned counsel for the applicant had applied for certified copy of impugned judgment on 12.12.2024 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.

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. Heard.

Admit .

Send for records.

List for hearing in due course.

Learned counsel for the appellant is directed

to supply the entire copy of paper book to the learned counsel for the respondent.

OMPST No. 64727 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 03.07.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 15.02.2023, is ordered to be stayed during the pendency of appeal.

Application stands disposed of.

(Romesh Verma) Judge

22^nd June, 2026

(kck)