Bombay High CourtWP/898/2018disposed offdismissed for default

Pawan Shrikisan Agrawal v. The National Highway Authority Of India The Project Director Nashik And Others

2018-03-05Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K. K. Sonawane3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.878 OF 2018 Ibrahim Nagin Khatik & others Petitioners

Versus

The National Highway Authority of India and others Respondents WITH WRIT PETITION NO.898 OF 2018 Pawan S/o Shrikisan Agrawal Petitioner versus The National Highway Authority of India and others Respondents WITH WRIT PETITION NO.922 OF 2018 Dinesh S/o Rasiklal Agrawal & others Petitioners versus The National Highway Authority of India and others Respondents WITH WRIT PETITION NO.930 of 2018 Unnikrushnan Narayan Nayar Petitioners versus The National Highway Authority of India and others Respondents WITH WRIT PETITION NO.933 of 2018 Dipak S/o Tarachand Agrawal & others Petitioners versus

{2} The National Highway Authority of India and others Respondents Mrs. Nima R. Suryawanshi advocate for the petitioners Mr. S.S. Dande, AGP for Respondent State Mr. D.S. Manorkar advocate for respondent No.1 to 3. _______________ CORAM : R.M. BORDE & K.K. SONAWANE, JJ (Date: March 5th, 2018) PER COURT :- Learned counsel appearing for respondents, on instructions, states that the respondent has approached the District Court under section 34 of the Arbitration & Conciliation Act, 1996. It is further contended that in view of presentation of the application under section 34 of the Arbitration & Conciliation Act, 1996, respondent is not required to deposit the amount, as filing of the application would operate as stay to the execution of the Award.

At the same time, the respondent is bound to comply with the provisions of Section 3 H(6) of the National High way Act, 1956 in respect of deposit of the amount of compensation. If the amount is not deposited, the same shall be deposited by the respondents before the competent authority, as expeditiously as possible and preferably within a period of eight weeks from

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The petitioners shall have the liberty to make a request as regards withdrawal of the amount before the competent authority/District Judge, by presenting appropriate proceedings. In view of above, writ petitions are disposed of. No costs.

(K.K. SONAWANE, J) ( R.M. BORDE, J ) vbd