Bhisanchand Dalchand Agrawal v. 1 National Highway Authority Of India Project Director Shri Shivaji Vasant Pawar And Another

1012 CA No.13718.2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13718 OF 2025 IN ARBAST/23547/2025 BHISANCHAND DALCHAND AGRAWAL

VERSUS

1 NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT DIRECTOR SHRI SHIVAJI VASANT PAWAR AND ANOTHER *** Advocate for Applicant : Mr. Ajeet B. Kale *** WITH CIVIL APPLICATION NO. 8425 OF 2025 IN ARBAST/23547/2025 WITH CIVIL APPLICATION NO. 8423 OF 2025 IN ARBAST/23547/2025 *** CORAM : SACHIN S. DESHMUKH, J.

Date : 18th February, 2026 ORDER :- 1.

The learned counsel for applicant submits that pursuant to the order dated 12.08.2025 in Civil Application No. 8425 of 2025, this Court was pleased to stay the execution of the arbitral award, subject to condition that appellant / NHAI deposits 50% of the excess amount of compensation.

2.

Accordingly, the appellant has deposited 50% amount i.e. Rs. 3,50,611.50/-. The applicant seeks withdrawal of the said amount.

3.

Heard the learned counsel for applicant and perused

1012 CA No.13718.2025 -2the material on record. Considering that the applicant's entitlement to compensation was initially determined by the Competent Authority, subsequently enhanced by the Arbitrator, and thereafter upheld following a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, the right to the said amount is established.

4.

Considering the proceedings and the pressing humanitarian grounds, specifically, that the applicant is suffering from malignancy, I am inclined to permit the withdrawal of the amount so deposited by the Respondent - NHAI. 5.

In view of the deposit made in compliance with this Court's order and considering the compensatory nature of the award, the application for withdrawal of amount is allowed. The applicant is permitted to withdraw the amount of Rs. 3,50,611.50/- along with accrued interest, if any.

(SACHIN S. DESHMUKH, J.) Omkar Joshi