This petition sought intervention regarding payment pending an arbitration appeal decision. The court held the purpose of the writ was served as no payment would be made until the application was decided. Consequently, the petition was disposed of without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
954-wp-7676-20
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 7676 OF 2020
Mehaboob S/o Mahmood Shaikh... Petitioner.
Versus
National Highway Authority
and others... Respondent.
Mr. G.L. Deshpande, Advocate for the Petitioner.
Mr. D.G. Nagode, Advocate h/f Mr. R.B. Bhosale, Advocate for
Respondent No.1.
CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.
DATE : 04th DECEMBER, 2020
PER COURT:-
1.The affidavit is filed by the competent authority that the
application filed by the petition on 09.12.2016 would be decided after
an appeal pending in the office of Arbitrator is disposed of. It is
further stated that the Project Director, National Highway Authority
has challenged the award. The award is passed by respondent No.2 is
sent for approval to Project Director, Nanded.
2. Mr. Nagode, the learned counsel for the respondent No.1, on
instructions, submits that the payment would not be made till the
application is decided.
1 of 2
954-wp-7676-20
2
3. In view of that, the purpose of writ petition stands served. The writ petition is disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE
S.P. Rane
2 of 2
1 issue framed by the court
Whether the writ petition needs to be decided on merits given the intent to serve the purpose by staying further proceedings pending arbitration appeal.
Mehaboob S/o Mahmood Shaikh
National Highway Authority
S.V. Gangapurwala
Shrikant D. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court