Disposed

NHAI v. Gyani Devi and Others

Himachal Pradesh HC20 Jul 2026OMPM/81/2026

Case brief

AI extract

What is this about?

NHAI sought condonation of a 40-day delay in filing an arbitration appeal, explaining misplacement of the certified copy of the judgment under challenge. The court condoned the delay, admitted the appeal, and stayed operation of the award and judgment subject to deposit of the awarded amount with up-to-date interest within eight weeks.

What did the court decide?

40-day delay condoned; appeal admitted; execution of judgment dated 08.08.2025 and award dated 30.05.2023 stayed subject to deposit of awarded amount with up-to-date interest within eight weeks.

NHAI Vs Gyani Devi and Others — Arbitration | Himachal Pradesh HC (2026)

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NHAI vs. Gyani Devi & others

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OMP(M) No.81 of 2026

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20.07.2026 Present:

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Mr. Santosh, Advocate, vice counsel, for the applicant.

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None for respondents No.1 to 4.

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Mr. Baldev Singh Negi, Add. A.G., for respondent No.5.

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OMP(M) No.81 of 2026

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In sequel to order dated 19.05.2026, respondents No.1 to 4 stand duly served. However, none has appeared on their behalf. Hence, respondents No.1 to 4 are proceeded against ex parte.

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The instant application has been filed for condonation of 40 days delay in filing the present appeal. It has been averred in the application that the certified copy of impugned judgment dated 08.08.2025 was applied on 07.10.2025 and the same was delivered on 18.10.2025. Due to inadvertence and oversight, the certified copy was misplaced and could not be traced despite best efforts. The misplacement of certified copy was neither deliberate nor intentional but occurred due to bonafide circumstances. Further it has been averred that upon retrieval of the certified copy after diligent search, the applicant immediately took all necessary steps for filing the appeal.

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Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances.

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Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of submissions as made by learned counsel for the applicant, the present application is allowed and delay in filing the appeal is condoned.

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Accordingly, the application stands disposed of.

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Arb. Appeal No._______ of 2026

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Appeal be registered.

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Heard.

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Admit .

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Issue post admission to respondents No.1 to 4, returnable within four weeks on taking steps within three days.

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Send for records.

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List in due course.

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OMP No_______ of 2026

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Be registered. Heard

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Subject to deposit of entire awarded amount

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along with up-to-date interest by the appellant/applicant within a period of eight weeks from today, the operation,

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implementation and execution of impugned judgment dated 08.08.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 30.05.2023 during

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the pendency of appeal is ordered to be stayed.

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Application stands disposed of.

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( Romesh Verma ) Judge

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July 20, 2026 (vt)

NHAI v. Gyani Devi and Others

Case brief

What is this about?

What did the court decide?

NHAI v. Gyani Devi and Others

Case brief

What is this about?

What did the court decide?

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