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

NHAI Vs Thakur Dass — 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 and ordered registered; execution, implementation and operation of the impugned award dated 15.02.2023 and judgment dated 01.08.2024 stayed during the pendency of the appeal, subject to deposit of the entire awarded amount alongwith up to date interest within eight weeks.

Issue for consideration

Whether the delay in filing the appeal against the judgment dated 01.08.2024 passed by the learned District Judge, Mandi, H.P. should be condoned. +1 more

Court's answer

The application for condonation of delay in filing the appeal is allowed and the delay in filing the appeal is condoned.

Ratio / Principle

The appeal is admitted and ordered to be registered, with hearing to be listed in due course and the record to be requisitioned in the meantime.

Key takeaways

Subject to deposit of the entire awarded amount alongwith up to date interest by the applicant/appellant within eight weeks, execution, implementation and operation of the impugned award dated 15.02.2023 and the judgment dated 01.08.2024 shall remain stayed during the pendency of the appeal.ratio¶22

Detailed headnote1 paragraphs

Order dated 04.06.2026 on OMP(M) No. 79 of 2026 filed by NHAI, applicant/appellant, for condonation of delay in filing its arbitration appeal against the judgment dated 01.08.2024 of the learned District Judge, Mandi, H.P. in CIS Registration No. 153 of 2023 and the arbitral award dated 15.02.2023. The application, duly supported by affidavit, was allowed and the delay condoned; the appeal was admitted and ordered registered (ARBAST No. 67058/2025), with hearing to be listed in due course and the record requisitioned in the meantime. By a further application (OMPST 68996/25), execution, implementation and operation of the impugned award and judgment were stayed during the pendency of the appeal, subject to deposit of the entire awarded amount alongwith up to date interest within eight weeks. Coram: Romesh Verma, Judge.

NHAI vs. Thakur Dass

OMP(M) No. 79 of 2026

04.06.2026

Present: Ms. Shreya Chauhan, Advocate, for the applicant/ appellant.

Mr. Hitender Verma, Advocate, for the respondent.

OMP(M) No. 79 of 2026

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

It is averred that the certified copy of the judgment dated 01.08.2024 was applied on 27.09.2024 and the same was delivered on 22.10.2024. However, the disposal fo the case was not brought to the knowledge of the applicant/appellant by its counsel. Earlier also due to inefficiency and lackadaisical attitude of the law firm namely M/S M.V. Kini & Co. many cases pending in District Mandi/Bilaspur were withdrawn from the said law Firm vide letter dated 20.09.2023 (Annexure A-2). Immediately, thereafter, necessary steps were taken by 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. 67058/2025)

Appeal be registered.

Heard.

Admit.

List for hearing in due course.

In the meantime, record be requisitioned.

OMP No. _____of 2026 (OMPST 68996/25)

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 15.02.2023, passed by Arbitrator and judgment dated 01.08.2024, passed by learned District Judge, Mandi, H.P. in CIS Registration No. 153 of 2023, shall remain stayed during the pendency of appeal. Needful be done within eight weeks from today.

Application stands disposed off.

June 4, 2026 ( Nisha)

(Romesh Verma) Judge