NHAI Vs Shiv Ram — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Shiv Ram — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned and application disposed of; appeal admitted with post-admission notice to the respondent returnable within four weeks; execution, implementation and operation of the impugned award dated 14.07.2022 and the judgment dated 01.07.2024 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 ought to be condoned. +1 more

Court's answer

The application for condonation of delay in filing the appeal is allowed and the delay is condoned, in view of the averments in the affidavit-supported application and the submissions of learned counsel for the applicant.

Ratio / Principle

The respondent, despite due service, is proceeded ex-parte as none appeared on his behalf.

Key takeaways

The appeal is admitted and post-admission notice is to be issued to the respondent, returnable within four weeks, on steps being taken within three days.ratio¶18
Execution, implementation and operation of the impugned award dated 14.07.2022 passed by the Arbitrator and the judgment dated 01.07.2024 passed by the learned District Judge, Mandi, H.P. shall remain stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest by the applicant/appellant, to be done within eight weeks.ratio¶23

Detailed headnote1 paragraphs

Order dated 14.05.2026 of Romesh Verma, Judge, in NHAI vs. Shiv Ram. The respondent, though duly served, was proceeded ex-parte. NHAI's application (OMP(M) No. 69 of 2026) for condonation of delay in filing an arbitration appeal against the judgment dated 01.07.2024 of the learned District Judge, Mandi, H.P. in CIS Registration No. 75 of 2023 — rendered in proceedings challenging the arbitral award dated 14.07.2022 — was allowed, the Court accepting that the delay was neither intentional nor deliberate and was duly supported by an affidavit (certified copy applied for on 03.12.2024 and delivered on 21.12.2024; the earlier law firm was handling more than 100 cases). The appeal was admitted and post-admission notice issued, returnable within four weeks. Execution, implementation and operation of the impugned award dated 14.07.2022 and the judgment dated 01.07.2024 were stayed during the pendency of the appeal, subject to deposit of the entire awarded amount with up-to-date interest within eight weeks.

NHAI vs. Shiv Ram

OMP(M) No. 69 of 2026

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

None for respondent.

OMP(M) No. 69 of 2026

Despite being duly served none has put in appearance on behalf of the respondent, hence, he is proceeded ex-parte.

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

As per the averments made therein, it is stated that the applicant had engaged M/s Kini Law Firm for the purpose of challenging the arbitral award before the learned District Judge, Mandi, H.P.

It is further averred that the aforesaid firm opined the applicant that an appeal shall be preferred against the impugned judgment dated 01.07.2024, and the applicant acquired knowledge of passing of the said impugned judgment only thereafter. The certified copy of the impugned judgment dated 01.07.2024, was applied on 03.12.2024 and delivered on 21.12.2024. It is contended by learned counsel for the applicant that there are more than 100 cases and the said cases were being dealt with by the said law firm. 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. 68467/2025)

Appeal be registered.

Heard.

Admit.

Issue post admission notice to the respondent returnable within four weeks, on taking steps within three days.

Record be requisitioned.

OMP No. _____of 2026 (OMPST 68473/25)

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 14.07.2022, passed by Arbitrator and judgment dated 01.07.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 75 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)