The Project Director, N.H.A.I., P.I.U. Yavatmal Presently Entrusted To P.I.U., Chandrapur v. Sandip S/O. Premchand Chajed And ANR.

1 20-C-373-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.373/2025 The Project Director, National Highway Authority of India Vs. Sandip s/o Premchand Chajed and another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Anish A. Kathane, Advocate for Petitioner Mr. J.B. Kasat, Advocate for Respondent No.1 Mr. S.S. Hulke, AGP for Respondent No.2

CORAM:

NIVEDITA P. MEHTA, J.

DATED :

11th NOVEMBER, 2025 1.

The petitioner has approached this Court aggrieved by the order dated 16.10.2024, passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal in Execution Arbitration Darkhast No. 64/2020, whereby a warrant of attachment of property was issued against the petitioner and the competent authority of the Land Acquisition Officer. This Court, upon earlier consideration, had stayed the said order on the condition that the petitioner deposit the admitted amount before this Court. The petitioner has complied with the said condition and deposited the admitted amount accordingly.

2 20-C-373-25.odt 2.

During the hearing before this Court, Mr.

Kasat, learned counsel for respondent No. 1, submitted that he may be permitted to withdraw the admitted amount deposited by the petitioner and that the matter may be relegated back to the Executing Court for further consideration.

3.

The learned counsel for the appellant Mr.

Kathane, submitted that the Arbitral Award passed by the Arbitrator has attained finality, as neither the petitioner nor the respondent has challenged the same.

4.

Upon hearing the respective counsel, this Court is of the view that the matter can be remanded to the Executing Court for further consideration. Both parties are permitted to raise their respective objections before the Executing Court, which shall adjudicate the same strictly in accordance with law.

5.

The Executing Court is directed to decide Arbitration Darkhast No. 64/2020 within a period of three months from the date of receipt of this order.

3 20-C-373-25.odt 6.

Consequently, the impugned order dated 16.10.2024, passed by the 3rd Joint Civil Judge, Senior Division, Yavatmal, in Arbitration R.D. No. 64/2020 below Exh.13 and warrant of attachment dated 19.12.2024 issued by the 4th Jt. Civil Judge, Senior Division, Yavatmal (Annexure No. 2), are hereby quashed and set aside.

7.

The respondent No. 1 is permitted to withdraw the admitted amount deposited by the petitioner in this Court.

In view of the above, the writ petition is partly allowed and disposed of.

(NIVEDITA P. MEHTA, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 13/11/2025 17:11:03