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Bombay High Court

The Project Director The National Highways Authority Of IndiaversusSanjay Rjendara Late And Another

Disposal
DISPOSED OFF

Holding

The arbitration appeal is dismissed as the controversy has already been decided in the earlier order.

Summary

The National Highways Authority of India (NHAI) appealed an arbitral proceeding involving Sanjay Rajendra Late and the Competent Authority for Land Acquisition. The appellant argued that the matter should be heard, but the court noted that the controversy had already been covered by its order dated 29‑04‑2026 in Arbitration Appeal No. 72 of 2025, which dismissed the earlier appeals. Consequently, the present arbitration appeal was dismissed and the pending application was also disposed of. The court upheld the earlier judgment of the Principal District Judge, Beed, dated 15‑07‑2025. The parties were directed to appear before the arbitrator on 28‑09‑2026, with the arbitrator instructed to decide the case before 31‑03‑2027. The appellant was ordered to pay the deficit court fees by 30‑09‑2026.

Issues considered

  • What is the effect of the earlier order in Arbitration Appeal No. 72 of 2025 on the present arbitration appeal?
  • Whether the present arbitration appeal can be entertained despite the earlier dismissal.

Subjects

  • Arbitration
  • Appeal
  • National Highways Authority of India
  • Land Acquisition
  • Court Fees
  • Jurisdiction

Judgment

2026:BHC-AUG:41446


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             18 ARBITRATION APPEAL NO. 80 OF 2025

                               National Highways Authority of India
                               Through it’s Project Director
                               Project Implementation Unit, Aurangabad
                               Having office at 2nd Floor, Jal-bhavan,
                               Administrative Building, Vedant Nagar,
                               Near Deogiri College,
                               Chhatrapati Sambhajinagar – 431 005.

                                                                    … Appellant

                                             … Versus …

                         1     Sanjay Rajendra Late,
                               Age 71 yrs., Occ. Agri.,
                               R/o Mominpura, Beed,
                               Tq. & Dist. Beed.

                         2     The Competent Authority Land Acquisition
                               and Dy. Collector, Jayakwadi Project, Beed,
                               Dist. Beed.

                                                                    … Respondents

                                                   ...
                             Mr. M.D. Narwadkar, Advocate for appellant
                     Ms. Aummaheshwari S. Jadhav, Advocate for respondent No.2
                                                   ...
                                             WITH
                      CIVIL APPLICATION NO.12399 OF 2025 IN ARBA/80/2025
                                                   ...

                                                  CORAM :     ROHIT W. JOSHI, J.
                                                  DATE :      07th SEPTEMBER, 2026
                                        2                            18_ARBA_80_2025



ORDER :

.              Learned Advocate for the appellant states that the controversy in

the present Arbitration Appeal is covered by order dated 29.04.2026 passed

by this Court in Arbitration Appeal No.72 of 2025 and other connected

appeals.    The said appeals were dismissed.         In view of the aforesaid,

Arbitration Appeal stands dismissed.         Pending application also stands

disposed of.


2              Judgment and order dated 15.07.2025 passed by learned

Principal   District   Judge,    Beed   in   Civil   Miscellaneous   Application

No.105/2024 is maintained.


3              Parties shall appear before the Arbitrator on 28.09.2026.


4              Parties to note that separate notice will not be issued for

appearance.


5              The Arbitrator is directed to decide the proceeding as early as

possible and preferably before 31.03.2027.


6              Appellant to pay the deficit Court fees before 30.09.2026.



                                                     ( ROHIT W. JOSHI, J. )
agd


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