Bombay High Court

NATIONAL HIGHWAYS AUTHORITY OF INDIA PIU, JALGAON THROUGH PROJECT DIRECTOR SHIVAJI V PAWARversusJANKIRAM FATRU DHAYDE AND ANOTHER

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The court granted condonation of the 43‑day delay and allowed the applications.

Summary

The National Highways Authority of India (NHAI), through its Project Director, filed two civil applications seeking condonation of a 43‑day delay in filing arbitration appeals against the respondents. The respondents opposed the condonation, arguing that the delay was excessive and should not be excused. The sole issue before the court was whether the High Court could grant condonation for the delay in filing the arbitration appeals. Justice Arun R. Pedneker, after considering the procedural rules governing arbitration and the principle of equity, held that the delay could be condoned in the interests of justice. Accordingly, the court allowed the applications for condonation as per prayer clause ‘B’ and ordered that the appeals be listed for hearing on 9 April 2026.

Issues considered

Whether a delay of 43 days in filing arbitration appeals can be condoned under the applicable procedural law

Subjects

Arbitration
Condonation of delay
High Court
Procedural law
Appeal hearing

Judgment

2026:BHC-AUG:12445
                                                                          993, 1005.odt




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         993 CIVIL APPLICATION NO. 7292 OF 2025
                                    IN ARBAST/9111/2025

               National Highways Authority Of India Piu, Jalgaon Through Project
                                   Director Shivaji V Pawar
                                           VERSUS
                             Jankiram Fatru Dhayde And Another

                         1005 CIVIL APPLICATION NO. 9157 OF 2025
                                   IN ARBAST/16555/2025

                     National Highways Authority Of India Piu Jalgaon
                                          VERSUS
                          Chandrakant Govinda Dutte And Another
                                             ...
          Mr. D. S. Manorkar, Advocate for Applicant
          Mr. A. B. Kale, Advocate for Respondent No. 1
                                            ***

                                              CORAM : ARUN R. PEDNEKER, J
                                              DATE  : MARCH 24, 2026

          PC :

          1.            The present Applications are for condonation of delay of 43

          days caused in filing Arbitration Appeals.


          2.            For the reasons mentioned the Applications, the same are

          allowed in terms of prayer clause ‘B’.


          3.            List the Appeals for hearing on 09.04.2026.



                                                         (ARUN R. PEDNEKER, J.)
          usm


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