Seemabai B. Saoji (Deceased) Thr. ... vs The National Highway Authority Of ...
2022 Latest Caselaw 12531 Bom

                                                                   1                                4-MCA-809-2022.odt


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               NAGPUR BENCH, NAGPUR
                                        MISC. CIVIL APPLICATION (REVIEW) NO. 809 OF 2022
                                                  IN WRIT PETITION NO. 8506 OF 2019
              (Seemabai Bhaiyyalal Saoji, since deceased, through subsequent owners Harish Ravindra Saoji & Anr. &
                                    Ors. Vs. The National Highway Authority of India & Ors.)
                    Office Notes, Office Memoranda of Coram,
                    appearances, Court's orders of directions                          Court's or Judge's order
                    and Registrar's orders.
                                  Shri R.D. Dhande, Advocate for the applicants.
                                  Ms. N.P. Mehta, A.G.P. for non-applicant Nos. 3 and 4/ State.

                                  CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : DECEMBER 2, 2022.

The learned Counsel for the applicants by referring to the judgment of this Court in Writ Petition No. 2438/2013 submits that the relief granted therein also ought to be granted to the applicants inasmuch as that relief was sought vide prayer Clause (a) in the Writ Petition. He further submits that in view of the decision in Rishabhkumar Babulal Jejani & ors. Vs. Secretary to Government of India & ors. [2022(1) Bom.C.R. 659] , interest and solatium that has been denied to the applicants cannot be granted under Section 34 or Section 37 of the Arbitration and Conciliation Act, 1996. Hence, the liberty granted to the applicants to avail remedy may not result in grant of that relief.

Issue notice to the respondents, returnable on 16/12/2022. The learned Assistant Government Pleader waives notice for non- applicant Nos. 3 and 4.

(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)

SUMIT

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:02.12.2022 18:03