NHAI Vs Meera Devi — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Meera Devi — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 390 days in filing the appeal condoned (condonation application allowed); appeal admitted with post-admission notice to the respondent returnable within four weeks on steps within three days; operation, implementation and execution of the impugned order dated 02.12.2024 and the arbitral award dated 06.04.2023 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 390 days' delay in filing the appeal against the order dated 02.12.2024 of the learned District Judge should be condoned. +1 more

Court's answer

Delay of 390 days in filing the appeal is condoned and the condonation application is allowed, in view of the averments in the affidavit-supported application and submissions of learned counsel for the applicant.

Ratio / Principle

Subject to deposit of the entire awarded amount along with up-to-date interest by the appellant/applicant within eight weeks, the operation, implementation and execution of the impugned order dated 02.12.2024 passed by the learned District Judge, Mandi as well as the arbitral award dated 06.04.2023 are stayed during the pendency of the appeal.

Detailed headnote1 paragraphs

Order dated 06.07.2026 by Romesh Verma, Judge, in OMP(M) No.90 of 2026 and OMPST No.70613 of 2025 (NHAI vs. Meera Devi): NHAI's application for condonation of 390 days' delay in filing an arbitration appeal against the order dated 02.12.2024 of the learned District Judge, Mandi (relating to arbitral award dated 06.04.2023) was allowed; the delay was attributed to non-intimation by counsel and the earlier law firm M/s M.V. Kini & Co., from which cases had been withdrawn vide letters dated 20.09.2023 and 26.03.2024. The sole respondent, having been duly served but absent, was proceeded against ex-parte. The appeal was admitted, and the operation, implementation and execution of the impugned order dated 02.12.2024 and the arbitral award dated 06.04.2023 were stayed during the pendency of the appeal, subject to the appellant/applicant depositing the entire awarded amount with up-to-date interest within eight weeks.

NHAI vs. Meera Devi

OMP(M) No.90 of 2026

06.07.2026 Present: Ms. Sneh Bhimta, Advocate, for the applicant.

OMP(M) No.90 of 2026

In sequel to order dated 17.03.2026, notice was issued for the service of sole respondent. On 27.05.2026, it has been observed by Additional Registrar (Judicial) that the notice issued for the service of sole respondent stands duly served, however, none has appeared on her behalf.

Today also since none has appeared on behalf of sole respondent, hence, she is proceeded against ex-parte.

The present application has been filed for condonation of 390 days’ delay in filing the present appeal. It has been averred that the impugned order was passed by learned District Judge on 02.12.2024. Learned counsel for the applicant had applied for certified copy of impugned judgment on 01.03.2025 and the same was delivered on 07.05.2025. However, the disposal of the case was not within the knowledge of the applicant as the same was never intimated to the applicant by its counsel.

Earlier also, due to inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co., cases were withdrawn from the law firm vide letters dated 20.09.2023 and 26.03.2024.

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.

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.

Accordingly, the application stands disposed of.

Arb. Appeal No._______ of 2026

Appeal be registered.

Heard.

Admit .

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

Send for records.

List in due course.

OMPST No.70613 of 2025

Be registered. Heard

Subject to deposit of entire awarded amount along

with up-to-date interest by the appellant/applicant within a period of eight weeks from today, the operation, implementation and execution of impugned order dated 02.12.2024, as passed by learned District Judge, Mandi as well as arbitral award dated

06.04.2023 during the pendency of appeal is ordered to be

stayed.

Application stands disposed of.

( Romesh Verma ) Judge

July 06, 2026 (vt)