Bombay High Court
NATIONAL HIGHWAYS AUTHORITY OF INDIA THRU. ITS PROJECT DIRECTOR SHIVAJI V. PAWARversusBHAVNA MUKESHLAL NAGDEV AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
Execution of the impugned award shall remain stayed till final disposal of the appeal.
Summary
The National Highways Authority of India (NHAI) deposited an amount equal to 50% of the compensation determined by an arbitrator, as ordered on 22 October 2024. On 6 March 2026, the court permitted the land‑owner respondents to withdraw that deposited amount. The court then ordered that execution of the arbitral award remain stayed until the appeal is finally disposed of. Consequently, the civil application filed by NHAI was dismissed as disposed. The decision reflects the court’s discretion to stay enforcement of an award pending appeal, even after partial compliance with the compensation order.
Issues considered
- The court’s jurisdiction to stay execution of an arbitral award pending appeal after the appellant has deposited the compensation amount.
Subjects
- Arbitration
- Stay of execution
- Compensation
- National Highways Authority of India
- Land acquisition
- Civil application
Judgment
2026:BHC-AUG:38758
1 935-ca-11646-2024-15-024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO.11646 OF 2024
IN ARBA/15/2024
National Highways Authority Of India Thru. Its Poject Director Shivaji
V. Pawar
VERSUS
Bhavana Mukeshlal Nagdev And Another
...
Advocate for Applicant : Mr. Deshbhushan Madkar h/f Mr. Manorkar
Deepak Suresh
Advocate for Respondent Nos.1 & 2 : Mr. K.M. Salve h/f Mr. K.M. More
Advocate for Respondent No.3 : Mr. R.R. Bangar
...
CORAM : ROHIT W. JOSHI, J.
DATED : AUGUST 27, 2026
P.C.:
1. Pursuant to order dated 22.10.2024, the appellant has
deposited 50% excess amount of compensation determined by the
Arbitrator. Vide subsequent order dated 06.03.2026, the
respondent/land owner is permitted to withdraw the said 50% amount
deposited by the appellant with this Court.
2. In view of the above, execution of the impugned award shall
remain stayed till final disposal of the appeal.
3. Civil Application stands disposed of.
[ROHIT W. JOSHI J.]
Mujaheed//
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