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Bombay High CourtCAM/109/2025ca disposed off

National Highways Authority Of India Thr. Its Project Director, Implementation Unit Chandrapur v. Shri. Pradeep Radhakisan Jaipuriya And Others

2025-08-26Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 23-AA-95-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

ARBITRATION APPEAL NO.95 OF 2025 National Highways Authority of India, Thr. Project Director, Project Implementation Unit, Chandrapur and anr.

vs.

Shri Pradeep Radhakisan Jaipuria and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. A. Kathane, Advocate for the appellant. Smt Kavita H. Bhondge, Advocate for respondent Nos. 4 and 5. CORAM : ABHAY J. MANTRI, J.

DATED : 26-08-2025 Heard.

2.

Having considered the grounds raised in the appeal memo, the appeal is Admitted.

3.

Issue notice to the respondents, returnable after four weeks.

4.

The learned Assistant Government Pleader waives service of notice for respondent Nos. 4 and 5. 5.

Call for record and proceedings.

Civil Application No.109/2025 6.

The learned Advocate for the appellant submitted that the decree-holders have filed the application for issuance of a warrant against the appellant-National Highways Authority of India, and the said application is fixed for hearing on 29/08/2025. As such, he submitted that the appellant is ready to deposit the entire amount of compensation, along with accrued interest thereon, in the Court and therefore urged a stay of the impugned judgment and order until the next date. 7.

His statement is accepted.

2 23-AA-95-25.odt 8.

Having considered the submission and the fact that the execution proceedings are pending before the Executing Court, I deem it appropriate to grant a stay subject to the deposit of the entire amount of compensation in the Court. 9.

As a consequence, an ad interim stay is granted in terms of prayer Clause (ii), subject to the deposit of the entire amount of compensation along with accrued interest thereon in the Court within eight weeks from today.

9.

Failing to deposit the amount as aforesaid, the order of ad-interim stay shall stand vacated without further reference to the Court.

10.

List the matter after eight weeks.

11.

An authenticated copy of this order is to be supplied to the learned Advocate for the appellant.

(ABHAY J. MANTRI, J.) Asmita