Bombay High Court
GANESH SONU KOLIversusNATIONAL HIGHWAY AUTHORITY OF INDIA, PIU JALGAON, THRU. ITS DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- ARUN R PEDNEKER
Holding
Having succeeded in their Section 34 and Section 37 applications, the petitioners are entitled to withdraw the amount deposited by NHAI, subject to an undertaking to return it if an adverse Supreme Court order is made.
Summary
The petitioners, a group of landowners, filed civil applications seeking withdrawal of amounts deposited by the National Highways Authority of India (NHAI) in connection with pending arbitration matters. The High Court had earlier dismissed NHAI’s arbitration appeals on 9 April 2026. NHAI opposed the withdrawal, arguing that the court’s order might be challenged before the Supreme Court. The court noted that the petitioners had succeeded in their applications under Section 34 and appeals under Section 37 of the Arbitration and Conciliation Act, 1996. Consequently, the court allowed the withdrawal of the deposited amounts, conditioning it on an undertaking that the petitioners will redeposit the amount within four weeks if the Supreme Court later issues an adverse order.
Issues considered
- Whether the petitioners are entitled to withdraw the amount deposited by NHAI pending arbitration proceedings.
- Whether the court may condition such withdrawal on an undertaking to redeposit the amount if a higher court overturns the order.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 34, 37
Subjects
- Arbitration
- Section 34
- Section 37
- NHAI
- withdrawal of deposit
- High Court
- Supreme Court
- Civil application
Judgment
2026:BHC-AUG:19482
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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