The Project Director, National Highway Authority of India Thr Project Director Vs Nareshchandra Maheschandra Agrawal — Bombay HC (2025) — LawSathi Research

The Project Director, National Highway Authority of India Thr Project Director Vs Nareshchandra Maheschandra Agrawal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant No. 1 permitted to withdraw 2/3rd of the compensation amount out of Rs. 3,21,01,746/-; applicant Nos. 2 to 6 entitled to 1/3rd of the said amount on furnishing the usual undertaking; share of applicant Nos. 2 to 4 and 6 to be paid to the bank account of applicant No. 5; Registrar (J) directed to transfer the 2/3rd and 1/3rd shares to the bank accounts of applicant Nos. 1 and 5 respectively on furnishing bank account details and usual undertakings; personal appearance of the applicants exempted; application disposed of accordingly.

Issue for consideration

Whether applicants/respondent Nos. 1 to 6 should be permitted to withdraw the entire compensation amount, i.e. 2/3rd by applicant No. 1 and 1/3rd by applicant Nos. 2 to 6 jointly.

Court's answer

In view of the factual position, the affidavits of the applicants and the submissions of the learned Advocate for both parties, the Court deemed it appropriate to allow the application partly.

Ratio / Principle

Applicant No. 1 is permitted to withdraw 2/3rd of the compensation amount out of Rs. 3,21,01,746/-, and applicant Nos. 2 to 6 are entitled to 1/3rd of the said amount on furnishing the usual undertaking.

Key takeaways

The amount of the share of applicant Nos. 2 to 4 and 6 shall be paid to the bank account of applicant No. 5.ratio¶15
The Registrar (J) is directed to transfer 2/3rd and 1/3rd of the amount out of Rs. 3,21,01,746/- to the bank accounts of applicant Nos. 1 and 5 respectively, on their furnishing their bank account details and usual undertaking to the registry.ratio¶16
Applicant No. 5 shall submit the individual usual undertakings of applicant Nos. 2 to 4 and 6 to the registry, and the personal appearance of the applicants is exempted.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Abhay J. Mantri, J.), Civil Application No. 96 of 2025 in Arbitration Appeal No. 68 of 2025 (National Highways Authority of India v. Nareshchandra Maheshchandra Agrawal and others): Applicants/respondent Nos. 1 to 6 sought permission to withdraw the entire compensation amount, i.e. 2/3rd by applicant No. 1 and 1/3rd jointly by applicant Nos. 2 to 6. The appellant's counsel filed a calculation sheet (affidavit dated 11-06-2025, Annexure-A) of the applicants' entitlement as per the slab system; applicant Nos. 2 to 6 gave consent affidavits in favour of applicant No. 1, and applicant Nos. 2, 3, 4 and 6, along with applicant No. 1, consented to 1/3rd of the share going to applicant No. 5 (Hitesh Haridas Vasani). Held, the application is partly allowed: applicant No. 1 is permitted to withdraw 2/3rd and applicant Nos. 2 to 6 are entitled to 1/3rd of Rs. 3,21,01,746/- on furnishing the usual undertaking; the share of applicant Nos. 2 to 4 and 6 is to be paid to the bank account of applicant No. 5; the Registrar (J) is directed to transfer the two shares to the bank accounts of applicant Nos. 1 and 5 respectively on furnishing bank account details and undertakings; personal appearance is exempted. Application disposed of accordingly.

1 39cam96.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAM) NO. 96 OF 2025 IN

ARBITRATION APPEAL NO. 68 OF 2025

(National Highways Authority of India vs.. Nareshchandra Maheshchandra Agrawal and others )

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

- - - - Mr. A.A. Kathane, Advocate for the appellant, Mr. A.B. Patil and Mr. A.B. Nakshane, Advocates for respondent Nos. 1 to 6, Ms. H.S. Dhande, A.G.P. for respondent Nos. 7 and 8.

CORAM : ABHAY J. MANTRI, J.

DATED : 03-07-2025

Applicants/respondent Nos. 1 to 6 have filed this application to permit them to withdraw the entire compensation amount, i.e. 2/3^rd by applicant No.1 and 1/3^rd by applicant Nos. 2 to 6 jointly.

The learned Advocate for the appellant, by affidavit dated 11-06-2025, submitted a calculation sheet as per the guidelines along with the affidavit at Annexure-A about the entitlement of the compensation amount by the applicants as per the slab system.

The applicants Nos. 2 to 6 have filed individual affidavits stating that they have no objection to grant 2/3^rd amount to applicant No.1, accordingly the have consented for the same; similarly, applicant Nos. 2, 3, 4 and 6 have given no objection to grant 1/3^rd amount of their share to applicant No.5-Hitesh Haridas Vasani. Likewise, applicant No. 1 has filed an affidavit stating that he has no objection to the grant of 1/3^rd amount to applicant No. 5 for himself and on behalf of applicants No. 2,3,4 and 6 jointly.

2 39cam96.25.odt

In view of the aforesaid factual position, affidavits of applicants and submissions of the learned Advocate for both parties, I deem it appropriate to allow the application partly. Accordingly, the application is partly allowed.

Applicant No.1 is permitted to withdraw 2/3^rd of the compensation amount out of an amount of Rs. 3,21,01,746/-, and applicant Nos. 2 to 6 are entitled to get 1/3^rd of the said amount on furnishing the usual undertaking. The amount of the share of applicant Nos. 2 to 4 and 6 shall be paid to the bank account of applicant No.5.

The Registrar (J) is directed to transfer 2/3^rd and 1/3^rd of the amount out of Rs. 3,21,01,746/- in the bank accounts of applicant Nos. 1 and 5, respectively, on their furnishing their bank account details and usual undertaking to the registry.

It is made clear that applicant Nos. 1 and 5 shall file their undertaking before the registry. Applicant No.5 shall submit the individual's usual undertakings of Applicant Nos. 2 to 4 and 6 to the registry. Their personal appearance is exempted.

8. The application is disposed of accordingly.

(ABHAY J. MANTRI, J.)

adgokar