Extracted from the PDF above. The PDF is authoritative.
NHAI vs. Munshi
OMP(M) No. 207 of 2026
29.06.2026 Present: Ms. Sneh Bhimta, Advocate, vice counsel for the applicant.
None for the respondent.
In sequel to order dated 06.05.2026, the respondent stands duly served. However, none has appeared on behalf of the respondent, hence he is proceeded against ex-parte.
The present application has been filed for condonation of delay of four years and 66 days in filing the present appeal. It has been averred that the impugned judgment was passed by learned District Judge, Mandi on 18.11.2021. Learned counsel for the applicant had applied for certified copy of impugned
judgment on 06.01.2026 and the same was delivered on
09.01.2026. It is submitted that the appeals pertaining to Muhal Dayohi were allotted/assigned to M/s Mittal and Mittal Advocates vide letter dated 23.09.2022. However, despite repeated requests neither the counsel for the appellant provided any update regarding the filing of the appeal nor the stage of the pending appeal. It is further submitted that various communications were sent to the said law firm by the applicant from the year 2022 to 2025. However, the same were never shared by the counsel but when execution petitions were filed, no
orders were supplied by the firm and then the said firm stopped responding. It is averred that around 99 execution petitions were filed and the counsel of the applicant was directed to file the appeals but no order or update was given by the counsel. Thereafter, the applicant withdrew the appeals from the said law firm vide letter dated 23.07.2025. The applicant requested the counsel to provide the entire record of appeals filed along with the filing numbers, however, the counsel in December, 2025 simply refused to hand over the record to the applicant. Therefore, it is submitted that lenient view may be taken while condoning the delay in filing the appeal.
Consequently, in view of the averments as made in the application, especially in paras 3 to 5, which are duly supported by an affidavit and in view of
submissions as made by learned 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._______/2026
Appeal be registered.
Heard.
Admit.
Send for records.
Issue post admission notice to the respondent, returnable within four weeks, on steps being taken within three days.
OMPST No. 3226 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 18.11.2021, as passed by learned District Judge, Mandi as well as arbitral award dated 26.07.2017, are ordered to be stayed during the pendency of appeal.
Application stands disposed of.
(Romesh Verma)
Judge 29th June, 2026
(kck)