Bombay High Court

India Through its Project Director Abhay KumarversusHarishchandra Bhikaji Santre and Others

Disposal: DISPOSED OFF

Holding

The execution of the impugned award shall remain stayed till final disposal of the appeal.

Summary

The National Highways Authority of India (NHAI) deposited fifty percent of the compensation amount determined by an arbitral tribunal, which had been upheld by the Principal District Judge after rejecting a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The High Court stayed the execution of the award pending the final disposal of the appeal against the award. The court also permitted the land‑owners (respondents) to apply for withdrawal of the amount already deposited. Consequently, the civil application filed by NHAI was disposed of. The decision underscores the principle that execution of an arbitral award may be stayed while an appeal is pending.

Issues considered

Whether the execution of an arbitral award can be stayed pending the final disposal of an appeal.
Whether the petition under Section 34 of the Arbitration and Conciliation Act, 1996 was correctly dismissed.
Whether the respondents are entitled to withdraw the amount deposited by the appellant.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 34

Subjects

Arbitration
Section 34
Stay of execution
Compensation
NHAI
Land acquisition

Judgment

2026:BHC-AUG:39542

1 19-ca-9307-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9307 OF 2026
IN ARBA/117/2026

National Highways Authority Of India Thru. Its Project Director Abhay
Kumar
VERSUS
Harishchandra Bhikaji Santre And Others
...
Advocate for Applicant : Mr. A.A. Kathane (through V.C.) a/w Mr.
Rahate Satyajeet Jadhavrao
Advocate for Respondent No.1 : Mr. D.P. Palodkar
Advocate for Respondent No.2 : Mr. Rajendra Sanap
...
CORAM : ROHIT W. JOSHI, J.
DATED : AUGUST 31, 2026
P.C.:

1. The appellant/NHAI has deposited 50% of the amount of

compensation as determined by the Arbitral Tribunal and upheld by

learned Principal District Judge while rejecting petition filed under

Section 34 of Arbitration and Conciliation Act, 1996 challenging the

said award.

2. In view of aforesaid, the execution of the impugned award

shall remain stayed till final disposal of the appeal.

3. Leave is granted to respondents/land owners to apply for

withdrawal of the amount deposited.

4. Civil Application stands disposed of.

[ROHIT W. JOSHI J.]

Mujaheed//

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