Project Director National Highway Authority Of India v. Gulab Gokuldas Mahant And Others

123-AA-45-2026.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

ARBITRATION APPEAL NO. 45 OF 2026 WITH CIVIL APPLICATION NO. 62 OF 2026 IN ARBITRATION APPEAL NO. 45 OF 2026 PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, UNIT- NAGPUR AND ANOTHER Vs.

GULAB GOKULDAS MAHANT AND OTHERS __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Anish Kathane, Advocate for the Appellant. Mr. H. B. Bargat, Advocate for Respondent Nos.1 and 2. Mr. A. V. Palshekar, AGP for Respondent Nos.3 and 4/State. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 4 th MARCH, 2026.

ARBITRATION APPEAL NO. 45 OF 2026 1.

Heard.

2.

Issue notice to the respondents, returnable on 29th April 2026.

3.

Mr. H. B. Bargat, learned counsel waives service of notice on behalf of respondent Nos.1 and 2.

4.

Learned AGP waives service of notice on behalf of respondent Nos.3 and 4/State.

5.

Office objections, if any, shall be removed on or before next date.

123-AA-45-2026.odt 2/3 CIVIL APPLICATION NO. 62 OF 2026 6.

The present application is filed by the appellants for grant of stay to the impugned judgment dated 22.12.2025 passed by the learned principal District Judge, Nagpur and further the arbitral award dated 31.01.2023.

7.

Mr. Anish Kathane, learned counsel for the appellants submits that in view of the mandate of Rule 3 sub-rule (b) of the National Highways (Manner of Depositing the Amount by the Central Government; Making Requisite Funds Available to the Competent Authority for Acquisition of Land) Rules, 2019, when the challenge is made before this Court, the appellants are not statutorily bound to deposit the amount. The learned counsel for the appellants further submits that once the challenge finally comes to an end, they will be bound by the Rules to deposit the amount.

8.

In view of the above, the learned Executing Court shall consider the provisions of the aforesaid Rules, more particularly, Rule 3 sub-rule (b) and judgment of the High Court of Kerala in the case of National Highways Authority of India Vs. Lawerence and Ors. in WA No. 1801 of 2024, decided on 15.09.2025.

123-AA-45-2026.odt 3/3 9.

The appellants shall produce the relevant Rules so also the judgment of the High Court of Kerala before the Executing Court for necessary orders.

10.

If the learned Executing Court while deciding the application filed by the appellants upon consideration of the judgment of the High Court of Kerala and the statutory Rules comes to the conclusion that the aforesaid application deserves to be rejected and is accordingly rejected, the aforesaid order shall not be given effect for a period of one week from the date of such decision.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) MJ Jadhav