NHAI Vs Savitri — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Savitri — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Mixed procedural orders favouring the appellant: (i) condonation of delay in filing the appeal granted and the OMP(M) No. 68 of 2026 application disposed of; (ii) Arb. Appeal (ARBAST No. 68465/2025) admitted for hearing, to be registered, with record to be requisitioned; (iii) OMPST 68471/25 disposed of with a conditional stay - execution, implementation and operation of the award dated 03.04.2023 and the judgment dated 01.10.2024 (CIS Registration No. 179 of 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 in filing the appeal should be condoned. +2 more

Court's answer

The condonation-of-delay application (OMP(M) No. 68 of 2026) is allowed and the delay in filing the appeal is condoned, the affidavit-supported averments showing the delay was neither intentional nor deliberate but arose from bona fide reasons.

Ratio / Principle

The arbitration appeal (Arb. Appeal No.____/2026, ARBAST No. 68465/2025) is admitted, is to be registered, heard in due course, and the record is to be requisitioned.

Key takeaways

Execution, implementation and operation of the impugned award dated 03.04.2023 passed by the Arbitrator and of the judgment dated 01.10.2024 passed by the learned District Judge, Mandi, H.P. in CIS Registration No. 179 of 2023, shall remain stayed during the pendency of the appeal, subject to the applicant/appellant depositing the entire awarded amount alongwith up-to-date interest within eight weeks.ratio¶21

Detailed headnote1 paragraphs

Order dated 14.05.2026 (Romesh Verma, Judge): (i) In OMP(M) No. 68 of 2026, delay in filing the arbitration appeal is condoned, the applicant's first certified copy of the impugned judgment dated 01.10.2024 having been misplaced and a fresh copy applied for on 07.10.2025 and delivered on 18.10.2025; the delay was found neither intentional nor deliberate but bona fide. (ii) Arb. Appeal (ARBAST No. 68465/2025) is admitted, to be registered and heard in due course, with the record to be requisitioned. (iii) In OMPST 68471/25, execution, implementation and operation of the Arbitrator's award dated 03.04.2023 and of the judgment dated 01.10.2024 passed by the learned District Judge, Mandi, H.P. in CIS Registration No. 179 of 2023, shall remain stayed during the pendency of the appeal, subject to deposit of the entire awarded amount alongwith up-to-date interest by the applicant/appellant within eight weeks.

NHAI vs. Savitri

OMP(M) No. 68 of 2026

14.05.2026 Present: Mr. Sumeet Raj Sharma, Advocate, for the appellants.

Mr. Munish Dhatwalia, Advocate, for the respondent.

OMP(M) No. 68 of 2026

The present application has been filed for condonation of delay in filing the present appeal.

As per the averments made therein, it has been stated that applicant had applied for a certified copy of the impugned judgment dated 01.10.2024, however, due to inadvertence and oversight, the certified copy was misplaced and could not be traced despite best efforts. Thereafter, the applicant again applied for another certified copy of the impugned judgment dated 01.10.2024 on 07.10.2025, which was delivered on 18.10.2025. Immediately, thereafter, necessary steps were taken by the office of the applicant to file the present appeal.

The applicant has further submitted that the delay in filing the present appeal is neither intentional nor deliberate, but has occurred on account of bona fide reasons, as stated in the application.

In view of the averments made in the application, which is duly supported by an affidavit, and in view of the submissions made by learned counsel for the

applicant, the present application is allowed, and the delay

in filing the appeal is condoned.

Application stands disposed off.

Arb. Appeal No.____/2026 (ARBAST No.68465/2025)

Appeal be registered.

Heard.

Admit.

List for hearing in due course.

Record be requisitioned.

OMP No. _______2026 (OMPST 68471/25)

Application be registered.

Subject to deposit of entire awarded amount alongwith up to date interest by the applicant/appellant, execution, implementation and operation of impugned award dated 03.04.2023, passed by Arbitrator and judgment dated 01.10.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 179 of 2023, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today.

Application stands disposed off.

(Romesh Verma) Judge

May 14, 2026 (Nisha)