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Bombay High Court

RAJENDRA KESHAV DUTTEversusNATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS DIRECTOR SHIVAJI V. PAWAR AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The applications for withdrawal of the deposited amounts are allowed, subject to an undertaking to redeposit the amount if the Supreme Court passes an adverse order.

Summary

The petitioners, a group of landowners, filed civil applications seeking the withdrawal of amounts deposited with the National Highways Authority of India (NHAI) in connection with arbitration proceedings. NHAI opposed the withdrawals, arguing that the applications were an attempt to circumvent a pending challenge to the Court’s order dated 9 April 2026. The Court noted that the petitioners had successfully obtained relief under Section 34 of the Arbitration and Conciliation Act, 1996, and also under Section 37 on appeal. Consequently, the Court allowed the withdrawal applications, subject to the condition that the petitioners execute an undertaking to return the withdrawn amount if the Supreme Court later issues an adverse order. The order thus balances the petitioners’ right to recover their deposits with the need to preserve the status quo pending higher‑court review.

Issues considered

  • The petitioners’ right to withdraw amounts deposited with NHAI under the Arbitration and Conciliation Act, 1996.
  • Whether NHAI can successfully challenge the Court’s earlier order and prevent the withdrawal.
  • The effect of a conditional undertaking on the withdrawal of the deposited amount.

Legislation cited

Subjects

  • Arbitration
  • Section 34
  • Section 37
  • NHAI
  • withdrawal of deposit
  • conditional undertaking
  • Supreme Court review

Judgment

2026:BHC-AUG:19480

                                                           CA 4750/26 & Ors.
                                           1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                         922 CIVIL APPLICATION NO. 4750 OF 2026
                                     IN ARBA/78/2026

                                 KAMINIBAI RAMESH DUTTE
                                           VERSUS
              NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU THRU. ITS DIRECTOR
                              SHIVAJI V. PAWAR AND ANOTHER
                                             ...
                          923 CIVIL APPLICATION NO. 4751 OF 2026
                                      IN ARBA/83/2026

                                NARAYAN BALIRAM DAYADE
                                           VERSUS
              NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU THRU. ITS DIRECTOR
                              SHIVAJI V. PAWAR AND ANOTHER
                                             ...
                          924 CIVIL APPLICATION NO. 4752 OF 2026
                                      IN ARBA/75/2026

              JANKIRAM FATRU DHAYDE THROUGH POWER OF ATTORNEY HOLDER
                               PRAVIN TULSHIRAM DHAYADE
                                          VERSUS
              NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU, JALGAON THRU. ITS
                           DIRECTOR SHIVAJI V. PAWAR AND ANR
                                             ...
                          925 CIVIL APPLICATION NO. 4753 OF 2026
                                      IN ARBA/81/2026

                                RAJENDRA KESHAV DUTTE
                                         VERSUS
              NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
                        DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                                            ...
                         926 CIVIL APPLICATION NO. 4754 OF 2026
                                     IN ARBA/84/2026

                LAXMAN DIPCHAND JAVARE DIED THROUGH L.RS. SUGANTABAI
                             LAXMAN JAVARE AND OTHERS
                                      VERSUS
              NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
                                            CA 4750/26 & Ors.
                             2

          DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                              ...
           927 CIVIL APPLICATION NO. 4755 OF 2026
                       IN ARBA/86/2026

                      GANESH SONU KOLI
                           VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
          DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                              ...
           928 CIVIL APPLICATION NO. 4756 OF 2026
                       IN ARBA/85/2026

                 PANDURANG SHAMA DUTTE
                           VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
          DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                              ...
           929 CIVIL APPLICATION NO. 4757 OF 2026
                       IN ARBA/76/2026

               CHANDRAKANT GOVINDA DUTTE
                           VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
          DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                              ...
           930 CIVIL APPLICATION NO. 4758 OF 2026
                       IN ARBA/77/2026

                  TUKARAM SHANKAR AAGE
                           VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
          DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                              ...
           931 CIVIL APPLICATION NO. 4759 OF 2026
                       IN ARBA/80/2026

 SHANKAR GANPAT INGALE DIED THROUGH L.RS. BEBIBAI SHANKAR
                   INGALE AND OTHERS
                         VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
          DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                              ...
                                                       CA 4750/26 & Ors.
                                    3

               932 CIVIL APPLICATION NO. 4760 OF 2026
                           IN ARBA/82/2026

                    SANJAY NARAYAN PATIL
                           VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS
          DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                              ...
           933 CIVIL APPLICATION NO. 4761 OF 2026
                       IN ARBA/79/2026

 USHABAI JANKIRAM DHAYADE TTHROUGH POWER OF ATTORNEY
               HOLDER PRAVIN TULSHIRAM DHAYADE
                                 VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU THRU. ITS DIRECTOR
                  SHIVAJI V. PAWAR AND ANOTHER
                                    ...
 Advocate for Applicants in all applications : Ms. S.A. Kale h/f. Mr. A.B.
                                   Kale
        Advocate for appellants in ARBA : Mr. D.S. Manorkar
                                    ...

                   CORAM         : ARUN R. PEDNEKER, J.
                   Dated         : April 30, 2026

PER COURT :-

1.    Civil applications are filed by the original claimants for withdrawal

of the amount deposited by the National Highways Authority of India.

Arbitration appeals filed by the NHAI are already dismissed by this Court

by order dated 9.4.2026.

2.    The learned advocate appearing for NHAI has filed reply to the

applications filed for withdrawal of amount and strongly opposed the

applications by submitting that the office of NHAI is intending to

challenge the order dated 9.4.2026 passed by this Court and pray for
                                                       CA 4750/26 & Ors.
                                    4

rejecting the applications for withdrawal of amount.

3.     Since the applicants have succeeded in an applications under

section 34, so also in appeals under section 37, the applications filed for

withdrawal of amount are allowed and disposed of, subject to filing an

undertaking that in the event any adverse order is passed by the Supreme

Court, the applicants will deposit the withdrawn amount back to the

Court within four weeks.

                                               ( ARUN R. PEDNEKER, J. )

ssc/


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