Allowed

Project Director NHAI v. Rakesh Kumar and Another

Himachal Pradesh HC21 May 2026OMPM/54/2026

Case brief

AI extract

What is this about?

Application for condonation of delay in filing an arbitral appeal was allowed as the respondents raised no objection and the delay was attributed to the time taken for obtaining the judgment copy and engaging counsel. Stay granted for implementation of impugned arbitral award subject to deposit.

What did the court decide?

Delay condoned; stay granted on implementation of impugned judgment and arbitral award subject to deposit of amount within 8 weeks.

Project Director NHAI Vs Rakesh Kumar and Another — Arbitration | Himachal Pradesh HC (2026)

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The Project Director NHAI vs. Rakesh Kumar

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OMP(M) No. 54 of 2026

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21.05.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the applicant/appellant.

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Mr. Munish Datwalia, Advocate and Mr. Ram Kumar, Advocate, for respondent No.1.

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Mr. Manish Thakur, Deputy Advocate General, for respondent No.2.

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The instant application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that impugned judgment was passed by the learned District Judge, Mandi on 20.06.2025. It has further been averred in the application that the copy of judgment was applied by the counsel on 09.07.2025 and the same was delivered on 05.08.2025. It has further been averred in the application that the copy of the judgment was supplied to the office of the applicant/appellant and thereafter the steps were taken for engaging the counsel. It has been further contended by the learned counsel for the applicant/appellant that the delay in filing the appeal is neither intentional nor willful but the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant/appellant.

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Keeping in view the averments as made in the application, which is duly supported by an affidavit and keeping in view of the fact that the learned counsel appearing for the respondents has no objection in case the delay is condoned, the present application is allowed and the delay in filing the present appeal is condoned.

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Application stands disposed off.

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Arb. Appeal No._______2026 (ARBAST No. 67330 of 2025)

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Appeal be registered.

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Record of the learned Court below be requisitioned

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Mr. Munish Datwalia, Advocate and Mr. Ram Kumar, Advocate have put in appearance on behalf of respondent No.1 today in the Court and filed memo of appearance.

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OMPST No. 45500 of 2025

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Be registered.

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Heard. Subject to deposit of entire awarded amount alongwith up-to-date interest by the applicant in the Registry of this Court within a period of eight weeks from today, operation, execution and implementation of impugned judgment dated . 2025, passed by the learned District Judge, Mandi, District Mandi and also the arbitral award dated 15.02.2024 shall remain stayed during the pendency of the appeal.

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The application stands disposed off.

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( Romesh Verma) Judge

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May 21, 2026 ( veena)

Project Director NHAI v. Rakesh Kumar and Another

Case brief

What is this about?

What did the court decide?

Project Director NHAI v. Rakesh Kumar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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