NHAI Vs Naresh and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

NHAI Vs Naresh and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned; appeal admitted with records summoned; operation, implementation and execution of the impugned judgment dated 03.07.2024 and the arbitral award dated 15.02.2023 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 against the impugned judgment should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the delay in filing the appeal is condoned, the Court acting on the averments in the affidavit-supported application, the submissions of counsel for the applicant, and the absence of objection from the respondents' proxy counsel.

Ratio / Principle

The arbitration appeal is admitted, the record is to be summoned, and the matter is to be listed in due course.

Key takeaways

Subject to the appellant/applicant depositing the entire awarded amount along with up-to-date interest within eight weeks, the operation, implementation and execution of the impugned judgment dated 03.07.2024 (District Judge, Mandi) and the arbitral award dated 15.02.2023 are stayed during the pendency of the appeal; the stay application stands disposed of accordingly.ratio¶19

Detailed headnote1 paragraphs

Applications by NHAI in OMP(M) No.92 of 2026 and OMPST No.39341 of 2024: (i) the application for condonation of delay in filing the arbitration appeal against the judgment dated 03.07.2024 of the learned District Judge, Mandi was allowed, the delay having occurred due to misplacement of the certified copy (applied for 12.12.2024, delivered 08.01.2025) and being neither intentional nor wilful, with no objection from the respondents; (ii) the appeal was admitted and records summoned; and (iii) subject to deposit of the entire awarded amount with up-to-date interest within eight weeks, the operation, implementation and execution of the impugned judgment dated 03.07.2024 as well as the arbitral award dated 15.02.2023 were stayed during the pendency of the appeal. (Romesh Verma, Judge; 01.06.2026)

NHAI vs. Naresh & others

OMP(M) No.92 of 2026

01.06.2026 Present:

Mr. Sumeet Raj Sharma, Advocate, for the applicant.

Ms. Sneha Kaushal, Proxy Counsel, for the respondents.

OMP(M) No.92 of 2026

The present application has been filed for condonation of delay in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge on 03.07.2024. The applicant has applied for certified copy of impugned judgment on 12.12.2024 and the same was prepared and delivered on 08.01.2025. However, due to inadvertence and oversight, the certified copy was misplaced and could not be traced despite best efforts. The applicant after due diligence took all necessary steps for preparation and filing of the present appeal without any further delay. 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.

Learned proxy counsel for the non-applicants has no objection in case the application is allowed.

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 .

Send for records.

List in due course.

OMPST No.39341 of 2024

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 judgment dated 03.07.2024, as passed by learned District Judge, Mandi as well as arbitral award dated 15.02.2023 during the pendency of appeal is ordered to be stayed.

Application stands disposed of.

( Romesh Verma ) Judge

June 01, 2026 (vt)