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Bombay High CourtCAM/326/2025ca disposed off

National Highways Authority Of India Thr.Project Director, Unit Chandrapur (Earlier -Yavatmal) v. Pradeep Radhakisan Jaipuriya And ORS

2025-12-22Hon'Ble Justice Nivedita Prakash Mehta2 pages

29-aa-95-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAM) No. 326 of 2025 in Arbitration Appeal (AA) No. 95 of 2025 National Highway Authority of India through Project Director, Chandrapur

Versus

Pradeep Radhakisan Jaipuriya and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A.Kathane, Advocate for the appellant. Shri S.O.Ahmed, Advocate for the respondent nos. 1 to 3.

Ms. S.N.Thakur, AGP for the respondent/State. CORAM : NIVEDITA P. MEHTA, J.

DATED : 22nd DECEMBER, 2025.

Learned counsel appearing for respondent nos. 1 to 3 has moved an application seeking permission to withdraw a part of the amount awarded under the arbitral award. The said application is opposed by learned counsel appearing for appellant no. 1. 2.

Upon considering the submissions advanced by the learned counsel for the respective parties, this Court is of the view that respondent nos. 1 to 3 can be permitted to withdraw a portion of the awarded amount. SKNair

29-aa-95-25.odt Accordingly, Respondent Nos. 1 to 3 are permitted to withdraw 50% of the amount of the arbitral award, subject to furnishing the usual undertaking to the satisfaction of the Registry that, in the event the appellant succeeds in the appeal, respondent nos. 1 to 3 shall refund the withdrawn amount to the appellant together with interest at the rate of 6% per annum. 3.

The civil application stands disposed of.

Arbitration Appeal No. 95 of 2025 Learned counsel appearing for respondent nos. 1 to 3 submits that the name of respondent no. 2 has been incorrectly mentioned as "Jaipuriya" and that the correct name is "Singhaniya".

2.

Learned counsel for the appellant is directed to carry out the necessary amendment forthwith.

3. List the matter for further consideration on 14.01.2026.

[NIVEDITA P. MEHTA, J.] SKNair