Bombay High Court

Ramakant Narayan Agrwal and AnotherversusNational Highways Authority of India, Thru. Project Director Shivaji V. Pawar and Another

Disposal: APPLICATION ALLOWED
Bench: ABHAY MANTRI

Holding

The court permitted the applicants to withdraw the entire remaining amount with interest upon furnishing an undertaking and security to the satisfaction of the registrar.

Summary

The applicants, Gokul Vitthal Khairnar and others, filed several applications seeking permission to withdraw the entire remaining amount, together with accrued interest, that had been deposited by the National Highways Authority of India (NHAI) in the court. The respondent NHAI did not oppose the withdrawal, provided the applicants furnished an undertaking and security satisfactory to the court registrar. The High Court, noting that the arbitrator’s award had been confirmed by the District Court and this Court, found merit in the applicants' request and allowed the applications. The court ordered that the applicants could withdraw the funds upon furnishing the required undertaking and security within six weeks, and directed the registrar to verify their identities and remit the money to the applicants' bank accounts. The applications were consequently disposed of.

Issues considered

Whether the applicants are entitled to withdraw the remaining deposited amount and accrued interest from the court, subject to furnishing an undertaking and security.

Subjects

withdrawal of deposited amount
arbitration award execution
NHAI
High Court order
undertaking and security
registrar verification

Judgment

2026:BHC-AUG:23699
                                              (1)              902ca5443.26.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           902 CIVIL APPLICATION NO. 5443 OF 2026
                                       IN ARBA/8/2025
                          GOKUL VITTHAL KHAIRNAR AND OTHERS
                                                         ….Applicant
                                       VERSUS

                      NATIONAL HIGHWAYS AUTHORITY OF INDIA, THRU.
                     PROJECT DIRECTOR SHIVAJI V. PAWAR AND ANOTHER
                                                            …..Respondent
                                           WITH
                            CIVIL APPLICATION NO. 5445 OF 2026
                                      IN ARBA/11/2025
                                           WITH
                            CIVIL APPLICATION NO. 5437 OF 2026
                                      IN ARBA/13/2025
                                           WITH
                            CIVIL APPLICATION NO. 5438 OF 2026
                                      IN ARBA/10/2025
                                           WITH
                            CIVIL APPLICATION NO. 5435 OF 2026
                                      IN ARBA/15/2025
                                           WITH
                            CIVIL APPLICATION NO. 5441 OF 2026
                                      IN ARBA/24/2025
                                           WITH
                            CIVIL APPLICATION NO. 5433 OF 2026
                                      IN ARBA/14/2025

                Mr. D. D. Pande, Advocate for the Applicant
                Mr. R. D. Methe, Advocate for Mr. S. J. Rahate, Advocate for the
                Respondent No.1

                                              CORAM : ABHAY J. MANTRI, J.
                                                DATE : 17th JUNE, 2026




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                                    (2)                 902ca5443.26.odt




PER COURT :

1.           The Applicants/Original Claimants have moved these

Applications for permitting them to withdraw the entire remaining

amount along with accrued interest thereon deposited by the

Respondent No. 1 i.e. National Highways Authority in this court, for

which, the learned Advocate for the Respondent No. 1 has not

objected for withdrawal of the amount, subject to furnishing

undertaking as well as security to the satisfaction of the learned

Registrar [J] of this court.

2.           Having considered the above submissions and the fact

that the order passed by the Arbitrator was confirmed by the District

Court as well as this court vide judgment and order dated 04-05-2026,

prima facie, I found substance in the contention of the learned

Advocate for the Applicants to permit them to withdraw the amount.

Therefore, the Applications are allowed in terms of the prayer clause-B.

3.           The Applicants are permitted to withdraw the entire

remaining amount along with accrued interest thereon on furnishing

an undertaking as well as security to the satisfaction of the Registrar

(J) within a period of 6 weeks thereafter.

4.           The learned Registrar (J) shall verify the identity of the

Applicants while disbursing the amount.


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5.               The learned Registrar (J) shall remit the amount along

with accrued interest thereon in the bank accounts of the Applicants

within a period of six weeks on their furnishing the bank account

details to the Registry.

6.               The Applications stand disposed of.




                                           [ABHAY J. MANTRI, J. ]
VishalK/902ca5443.26.odt




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