National Highway Authority Of India v. Prakash S/O Nandkumar Nashikkar And Others

1 AA 19.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (M) NO. 72 OF 2025 IN ARBITRATION APPEAL NO. 19 OF 2025 ( National Highway Authority of India through Project director, Nanded vs. Prakash S/o Nandkumar Nashikkar and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions Court's or Judge's order and Registrar's orders.

Mr. A.A. Kathane, Advocate for appellant.

Mr. A.B. Nakshane, Advocate for respondent No.1. Mrs.Hemlata Dhande, AGP for respondent Nos.2 and 3. CORAM :

ABHAY J. MANTRI, J.

ATE :

JUNE 20, 2025 1) The respondent No.1/applicant has moved this application for permitting him to withdraw 50% of the compensation amount deposited by the appellant in this Court on 08/04/2025. 2) Learned counsel for the appellant vehemently resisted the withdrawal of the said amount.

3) Having considered the factual position that the learned Arbitrator awarded compensation, which was confirmed by the District Court, Yavatmal, by its order dated 26/08/2024. Pursuant to the said Award, the appellant Authority has deposited only 50% of the amount in this Court. Therefore, I do not find substance in the resistance by the learned counsel for the appellant in this regard. Thus, in my view, it would be just and proper to grant permission to the applicant to withdraw the said amount on the usual terms and conditions. Hence, the application is allowed. As per the Award dated 08/08/2018, the said amount shall be transferred into the bank account of the applicant/respondent No.1 along with accrued interest thereon,

2 AA 19.2025.odt within three weeks upon furnishing the bank account details by the applicant.

(ABHAY J. MANTRI, J.) KOLHE