Himachal Pradesh High Court

OMPM/326/2026 of NHAI Vs RADHEY SHYAM AND ANOTHER on 1 October 2026

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Radhey Shyam & others OMP(M) No.326 of 2026 01.10.2026 Present: Mr. Lovneesh Thakur, Advocate, vice counsel, for the applicant. Mr. K.B. Khajuria, Advocate, for respondent No.1. Mr.Manish Thakur, Dy. A.G., for respondent No.2. Mr. Virbahadur Verma, Senior Panel Counsel, for respondent No.3.

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NHAI vs. Radhey Shyam & others

OMP(M) No.326 of 2026

01.10.2026 Present: Mr. Lovneesh Thakur, Advocate, vice counsel, for the applicant. Mr. K.B. Khajuria, Advocate, for respondent No.1. Mr.Manish Thakur, Dy. A.G., for respondent No.2. Mr. Virbahadur Verma, Senior Panel Counsel, for respondent No.3.

OMP(M) No.326 of 2026

The instant application has been filed for condonation of 50 days’ delay in filing the present appeal. As per the case set up in the application, the impugned judgment was passed by the learned District Judge, Mandi on 24.12.2025. Certified copy of the same was applied on 06.01.2026, prepared on 07.01.2026 and delivered on 11.03.2026. The file along with the judgment was sent to higher officials for deciding whether the appeal should be filed. Thereafter, the entire record was collected from the legal team of District Court, Mandi and sent to the office of the Advocate at the High Court, who advised the applicant to file the arbitration appeal against the impugned judgment. In this process, the delay has occurred, which is neither intentional nor willful, but has occurred under bona fide circumstances.

The learned counsel for the non-applicants have no objection in case the present application is allowed.

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

Accordingly, the application stands disposed of.

Arb. Appeal No._______ of 2026

Appeal be registered.

Heard.

Admit.

List in due course.

The learned vice counsel for the appellant is directed to supply the entire paper book to the learned counsel for the respondents during the course of the day.

OMP No.________ of 2026

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 24.12.2025, as passed by learned District Judge, Mandi as well as arbitral award dated 17.08.2023 during the pendency of appeal is ordered to be stayed.

Accordingly, the application stands disposed of.

( Romesh Verma )

Judge October 01, 2026

(vt)

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