Khanijabi Shaikh Siraj And Others v. The Project Director National Highway Authority Of India And ANR.

1 904-924

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 ARBITRATION APPLICATION NO. 25 OF 2025 WALMIK GOPINATH AGHADE AND OTHERS INDIA Advocate for Respondent No.2 : Mr. N. S. Salunke WITH CIVIL APPLICATION NO. 3602 OF 2026 IN ARB/25/2025 905 ARBITRATION APPLICATION NO. 26 OF 2025 VITTHAL RAMRAO THENGDE AND OTHERS INDIA Advocate for Respondent No.2 : Mr. N. S. Salunke WITH CIVIL APPLICATION NO. 3612 OF 2026 IN ARB/26/2025 906 ARBITRATION APPLICATION NO. 27 OF 2025 VINOD KANHAIYALAL BHARUKA AND OTHERS

2 904-924 INDIA Advocate for Respondent No.2 : Mr. Nitin S. Salunke WITH CIVIL APPLICATION NO. 3604 OF 2026 IN ARB/27/2025 907 ARBITRATION APPLICATION NO. 28 OF 2025 VIJAY SHARAD CHANDRATIKE AND OTHERS INDIA Advocate for Respondent No.2 : Mr. N. T. Tribhuwan WITH CIVIL APPLICATION NO. 3614 OF 2026 IN ARB/28/2025 908 ARBITRATION APPLICATION NO. 29 OF 2025 ASHOK NAMDEV MISAL AND OTHERS THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA Advocate for Respondent No.2 : Mr. U. B. Bondar

3 904-924 WITH CIVIL APPLICATION NO. 3610 OF 2026 IN ARB/29/2025 909 ARBITRATION APPLICATION NO. 30 OF 2025 RAJU HIRAMAN RATHOD AND OTHERS INDIA Advocate for Respondent No.2 : Mr. Rajendra D. Sanap WITH CIVIL APPLICATION NO. 3608 OF 2026 IN ARB/30/2025 910 ARBITRATION APPLICATION NO. 31 OF 2025 VIJAY SHARAD CHANDRATIKE AND OTHERS INDIA WITH CIVIL APPLICATION NO. 3603 OF 2026 IN ARB/31/2025

4 904-924 911 ARBITRATION APPLICATION NO. 32 OF 2025 KHANIJABI SHAIKH SIRAJ AND OTHERS THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA Advocate for Respondent No.2 : Mr. N. T. Bhagat WITH CIVIL APPLICATION NO. 3605 OF 2026 IN ARB/32/2025 912 ARBITRATION APPLICATION NO. 33 OF 2025 MUNISH RATANLAL SHARMA AND OTHERS INDIA AND ANOTHERS Advocate for Respondent No.2 : Mr. Rajesh H. Mewara WITH CIVIL APPLICATION NO. 3599 OF 2026 IN ARB/33/2025 913 ARBITRATION APPLICATION NO. 34 OF 2025 SATYANARAYAN DATTARAM PATIL AND OTHERS INDIA AND OTHERS

5 904-924 Advocate for Respondent No.2 : Ms. Mayuti G. Kasturkar WITH CIVIL APPLICATION NO. 3600 OF 2026 IN ARB/34/2025 914 ARBITRATION APPLICATION NO. 35 OF 2025 YADNYAVIR ANANDRAO KAVADE THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR.

Advocate for Respondent No.2 : Mr. Rohit Sarvadnya WITH CIVIL APPLICATION NO. 3606 OF 2026 IN ARB/35/2025 915 ARBITRATION APPLICATION NO. 36 OF 2025 ASHABAI PRALHAD KOLHE AND ANOTHER INDIA AND ANR.

Advocate for Respondent No.2 : Mr. Nandkishor U. Yadav WITH CIVIL APPLICATION NO. 3601 OF 2026 IN ARB/36/2025

6 904-924 916 ARBITRATION APPLICATION NO. 37 OF 2025 SATISH BUDHAJIRAO SHINDE AND ANR.

THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR.

Advocate for Respondent No.2 : Mr. Rajesh H. Mewara 917 ARBITRATION APPLICATION NO. 38 OF 2025 SUBHASH RAMCHANDRA AGRAWAL AND OTHERS INDIA AND ANR.

Advocate for Respondent No.2 : Ms. Mayuri G. Kasturkar 918 ARBITRATION APPLICATION NO. 39 OF 2025 SACHIN SUMATILAL JAVHERI AND OTHERS THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR.

Advocate for Respondent No.2 : Mr. Akshay D. Kulkarni

7 904-924 919 ARBITRATION APPLICATION NO. 40 OF 2025 DILIP AMBADAS VETAL AND OTHERS THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR.

Advocate for Respondent No.2 : Mr. U. B. Bondar 920 ARBITRATION APPLICATION NO. 41 OF 2025 SUSHILABAI RAGHUNATH JANJAL AND OTHERS INDIA AND ANOTHER Advocate for Respondent No.2 : Mr. Rohit S. Sarvadnya 921 ARBITRATION APPLICATION NO. 42 OF 2025 SHILA SUBHASH AGRAWAL AND OTHERS INDIA AND OTHERS Advocate for Respondent No.2 : Mr. U. B. Bondar

8 904-924 922 ARBITRATION APPLICATION NO. 44 OF 2025 VISHWANATH MURGAPPA SINGARE AND OTHERS THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANOTHER Advocate for Respondent No.2 : Mr. Krushna S. Solanke 923 ARBITRATION APPLICATION NO. 45 OF 2025 KALPANA SHANKAR UBALE AND OTHERS THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANOTHER Advocate for Respondent No.2 : Mr. Krushna S. Solanke 924 ARBITRATION APPLICATION NO. 47 OF 2025 SHAMIYODDIN WALIYYODDIN HASHMI THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR.

Advocate for Respondent No.2 : Mr. Avinash R. Borulkar

CORAM

:

ARUN R. PEDNEKER, J.

DATE :

27.03.2026

9 904-924 PER COURT:

1.

Heard.

2.

The Arbitration Applications are filed for extension of the mandate under Section 29-A of the Arbitration and Conciliation Act.

3.

The Hon'ble Supreme Court in the case of Jagdeep Chowgule Vs. Sheela Chowgule and others, dated 29.01.2026, relying upon the Judgment of Chief Engineer (NH) PWD (Roads) Vs. BSC&C and C JV, 2024 SCC OnLine SC 1801, has observed that the power under Sub-Section 29A of the Arbitration Act vests in the Court as defined in Section 2(1)(e) of the Arbitration Act. It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil jurisdiction.

4.

This Court in case of National Highway Authority of India and others Vs. Suresh Pardharinath Matre and others, MANU/MH/2637/2026 : Arbitration Appeal No.10 of 2026 with connected matters, dated 18.03.2026 has taken a view that Section 29-A of the Arbitration and Conciliation Act, 1996 has no application to the arbitration proceedings initiated under Section 3(G)(5) of the National Highways Act, 1956. This court in the case

10 904-924 of Suresh Matre (supra) has observed at Paragraph No.49, as under:

"49. This Court for the reasons discussed above, holds that Section 29A of the Act, which provides for a time limit for the conclusion of arbitration proceedings extension of mandate of Arbitrator, reduction of fees of arbitrator and for substitution of the arbitrator, would not apply to an arbitrator appointed under Section 3G(5) of the National Highways Act."

5.

In view of the above, all the Applications are disposed of with direction to the Arbitrator to decide the pending Arbitration Applications expeditiously.

6.

In view of disposal of the Arbitration Applications, the interim Civil Applications are also disposed of. [ARUN R. PEDNEKER, J.] marathe