Bombay High Court
Nashik District Central Coop Bank Ltd ... vs The Yeola Merchants Coop Bank Ltd ... on 17 November, 2025
Author: Manish Pitale
Bench: Manish Pitale
19-WP-3249-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3249 OF 2020
Valmik Kedu Kandekar ... Petitioner
Versus
The Union of India & Ors. ... Respondents
WITH
WRIT PETITION NO.11702 OF 2019
WITH
WRIT PETITION NO.11724 OF 2019
WITH
WRIT PETITION NO.11713 OF 2019
WITH
WRIT PETITION NO.11725 OF 2019
WITH
WRIT PETITION NO.186 OF 2020
WITH
WRIT PETITION NO.3248 OF 2020
WITH
WRIT PETITION NO.3239 OF 2020
WITH
WRIT PETITION NO.3243 OF 2020
WITH
WRIT PETITION NO.3440 OF 2020
WITH
WRIT PETITION NO.1595 OF 2020
WITH
WRIT PETITION NO.3471 OF 2020
WITH
WRIT PETITION NO.3181 OF 2020
WITH
Kartikeya, P.A.
1
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WRIT PETITION NO.3005 OF 2020
WITH
WRIT PETITION NO.3002 OF 2020
WITH
WRIT PETITION NO.3472 OF 2020
WITH
WRIT PETITION NO.3006 OF 2020
WITH
WRIT PETITION NO.3183 OF 2020
WITH
WRIT PETITION NO.2997 OF 2020
WITH
WRIT PETITION NO.3179 OF 2020
WITH
WRIT PETITION NO.2999 OF 2020
WITH
WRIT PETITION NO.3152 OF 2020
WITH
WRIT PETITION NO.2994 OF 2020
WITH
WRIT PETITION NO.3178 OF 2020
******
Mr. Kalpesh Joshi a/w Mr. R.M. Patil and Mr. Narendra
Devanshi i/b. Kalpesh Joshi Associates, for the Petitioners.
Mr. Y.R. Mishra a/w Mr. Sachidanand T. Singh, for
Respondent No.1-UOI in all the writ petitions.
Mr. Rakesh Singh a/w M.V. Kini & Co., for Respondent
No.3-NHAI.
Mr. A.I. Patel, Addl. G.P., for the Respondent-State in
WP/3249/2020.
Mr. B.V. Samant, Addl. G.P., for the Respondent-State in
WP/11702/2019.
Kartikeya, P.A.
2
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Mr. S.P. Kamble, AGP, for the Respondent-State in
WP/11724/2019.
Ms. P.M.J. Deshpande, AGP, for the Respondent-State in
WP/11713/2019.
Ms. Pooja Patil, AGP, for the Respondent-State in
WP/11725/2019.
Mr. M.M. Pable, AGP, for the Respondent-State in
WP/186/2020.
Ms. Tanu N. Bhatia, AGP, for the Respondent-State in
WP/3248/2020 and WP/3181/2020.
Mr. R.S. Pawar, AGP, for the Respondent-State in
WP/3239/2020.
Mr. M.S. Bane, AGP, for the Respondent-State in
WP/3243/2020.
Mr. Ketan Joshi, 'B' Panel Advocate, for the Respondent in
WP/3440/2020.
Ms. Leena Patil, 'B' Panel Advocate, for the Respondent in
WP/1595/2020.
Mr. A.R. Deolikar, AGP, for the Respondent-State in
WP/3471/2020.
******
CORAM : MANISH PITALE AND
MANJUSHA DESHPANDE, JJ.
DATE : 17th NOVEMBER 2025
P.C. :
. These writ petitions were disposed of by an order dated
06.03.2025 passed by a Division Bench of this Court
Kartikeya, P.A.
19-WP-3249-2020.doc
[Coram : M.S. Sonak & Jitendra Jain, JJ.]. It was found that the
case of the petitioners is covered by the judgment of the Hon'ble
Supreme Court in the case of Union of India V/s. Tarsem Singh &
Others.1 Accordingly, the National Highways Authority of India
(NHAI) was directed to compute and pay solatium and interest to
the petitioners in accordance with the principles laid down by the
Hon'ble Supreme Court in the aforesaid judgment of Union of
India (supra). It was directed that such payment shall be made
within three months from the uploading of the said order.
2. Since an apprehension was expressed on behalf of the
Petitioners that the NHAI would delay compliance with the
directions issued by this Court, in Paragraph No.9 of the said
order, this Court had specifically directed that the Project
Director of NHAI (Respondent No.4) will be personally
responsible for implementing the order.
3. Despite the aforesaid directions issued in the order dated
06.03.2025, learned Counsel for the petitioners has brought to
the notice of this Court that till date, the amounts have not been
disbursed. This shows defiance on the part of the NHAI, which
cannot be countenanced as the directions issued by this Court are
in consonance with the principles laid down by the Hon'ble
Supreme Court.
1 (2019) 9 SCC 304
Kartikeya, P.A.
19-WP-3249-2020.doc
4. This Court is further informed that in another set of
petitions listed before a Co-ordinate Bench of this Court, when an
application was moved on behalf of the NHAI for permission to
deposit amounts with the Collector instead of making the
payment to the petitioners therein, the said application was
dismissed.
5. We are of the view that the NHAI has no plausible
explanation for non-compliance with the directions issued by this
Court in the order dated 06.03.2025.
6. In view of the above, the NHAI is directed to comply with
the said order on or before 12.12.2025.
7. List these Petitions under the caption 'For Compliance',
High on Board on 15.12.2025.
8. It is made clear that if the NHAI fails to comply with the
directions given hereinabove, the original Respondent No.4, i.e.,
the Project Director of the Project Implementation Unit of the
Nashik National Highways Authority, shall remain personally
present in this Court.
(MANJUSHA DESHPANDE, J.) (MANISH PITALE, J.)
Kartikeya, P.A.
