National Highways Authority Of India ... vs Kailas Vishwanath Malu And Others
2024 Latest Caselaw 23367 Bom

Bombay High Court

National Highways Authority Of India ... vs Kailas Vishwanath Malu And Others on 8 August, 2024

                                                                   CA 4100/24
                                        1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

         922 CIVIL APPLICATION NO. 4100 OF 2024 IN ARBA/37/2021
                                  WITH
           CIVIL APPLICATION NO. 4105 OF 2024 IN ARBA/38/2021
                                  WITH
          CIVIL APPLICATION NO. 12613 OF 2021 IN ARBA/38/2021
                                  WITH
          CIVIL APPLICATION NO. 12604 OF 2021 IN ARBA/37/2021
                                  WITH
                    ARBITRATION APPEAL NO. 39 OF 2021
                                  WITH
          CIVIL APPLICATION NO. 12624 OF 2021 IN ARBA/39/2021

     SHAILESH SHRIKANT MANIYAR THROUGH GPA YOGESH KRISHNAGOPAL
                                    MALPANI
                                     VERSUS
       NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS PROJECT
                                   DIRECTOR
                                        ...
                    Advocate for Applicant : Mr. Ajit B. Kale
         Advocate for for applicant in ARBA/37/21 : Mr. Rupesh Jaiswal
                                        ...

                       CORAM        : ARUN R. PEDNEKER, J.

                       Dated        : August 08, 2024

PER COURT :-

1. Heard the learned counsel for the parties.

2. Civil Application Nos.4100/2024 and 4105/2024 are filed for

withdrawal of amount.

3. By the present arbitration appeal under section 37 of the Arbitration

and Conciliation Act, the National Highways Authority of India seeks

challenge to the judgment and order passed by the learned Principal District

Judge, Jalgaon on an application under section 34 of the Act filed for setting

aside the award passed by the Arbitrator, whereby it is directed as under :-

"O R D E R

1. Application is partly allowed.

2. The clause No. 8 of impugned award is hereby set-aside and learned Arbitrator shall resume the arbitral proceeding and

decide the said left issue finally, in accordance with the law, within reasonable time by giving fair opportunity of hearing to both parties.

3. The rest of the contents of impugned award are kept intact.

4. In peculiar facts of the case, parties to bear their own costs.

5. Civil M.A. No. 160/2019 stands disposed of accordingly."

4. The learned counsel for the appellant submits that the Court under

section 34 of the Act cannot remit the matter back to the Arbitrator for

decision on partially modifying amount. Clause 8 of the award of Arbitrator

indicates that both the parties shall abide by and execute the ratio of the

decision of the Hon'ble Supreme Court in SLA (Civil) 15104/2014, as and

when it is finally decided in respect of claim of statutory benefits under the

Land Acquisition Act, 1894. There is no dispute that this SLP is decided in

favour of claimants. The District Court under section 34 has remitted the

matter back to the Arbitrator to conclude the claim of statutory benefits as

mentioned in clause (8) in view the decision of the Hon'ble Supreme Court

in SLA (Civi) 15104/2014.

5. In the present appeals, the appellant has deposited 75% amount

under award along with accrued interest. The amount so deposited is

without computation of what would be available under clause (8). In view of

the same, I deem it appropriate to permit the applicants to withdraw 75%

of the amount along with accrued interest thereon subject to undertaking to

the satisfaction of the concerned court. Both the applications filed for

withdrawal of amount stand disposed of accordingly.

( ARUN R. PEDNEKER, J. )

ssc/