Babulal Bhaurao Mali vs National Highways Authority of India… — Arbitration | Bombay HC (2026)

Babulal Bhaurao Mali vs National Highways Authority of India… — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Permission to withdraw the entire 50% amount deposited in the Court along with accrued interest, on an undertaking to remit the amount back within four weeks if the Arbitration Appeals are allowed; Civil Applications Nos.7045, 7048, 7049, 7050, 7052 and 7053 of 2025 allowed and disposed of accordingly.

Issue for consideration

Whether the applicants in the civil applications for withdrawal of amount, filed in the pending Arbitration Appeals under Section 37, may be permitted to withdraw the entire 50% amount deposited in the Court together with accrued interest thereon.

Court's answer

The applicants in the civil applications for withdrawal of amount are permitted to withdraw the entire 50% amount deposited in the Court along with accrued interest thereon.

Ratio / Principle

The withdrawal is conditioned on an undertaking that, in the event the Arbitration Appeals are allowed, the applicants will remit the amount back within four (04) weeks thereafter.

Key takeaways

Civil Applications No.7045 of 2025, 7048 of 2025, 7049 of 2025, 7050 of 2025, 7052 of 2025 and 7053 of 2025 for withdrawal of amount are allowed and disposed of accordingly.ratio¶¶49

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), per Arun R. Pedneker, J., 07.03.2026 (Neutral citation 2026:BHC-AUG:9519): In civil applications for withdrawal of amount filed in pending Arbitration Appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from NHAI National Highway land-acquisition compensation cases — where the Competent Authority Land Acquisition (CALA) had awarded Rs.1990/- per Square Meter, the Arbitrator enhanced it by Rs.2910/- per Square Meter, the Section 34 application was dismissed, and 50% of the outstanding amount (deposits described as meager, ranging between Rs.82000/- and Rs.2,30,000/-) stood deposited — the Court permitted the applicants to withdraw the entire 50% deposit along with accrued interest, on an undertaking to remit the amount back within four (04) weeks if the Arbitration Appeals are allowed. Civil Applications No.7045, 7048, 7049, 7050, 7052 and 7053 of 2025 were allowed and disposed of accordingly.

2026:BHC-AUG:9519

1 911

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

911 CIVIL APPLICATION NO. 7045 OF 2025 IN ARBA/4/2021 BABULAL BHAURAO MALI

VERSUS

NATIONAL HIGHWAYS AUTHORITY OF INDIA THROUGH ITS PROJECT DIRECTOR AND ANOTHER

WITH

CIVIL APPLICATION NO. 7048 OF 2025 IN ARBA/11/2021

WITH

CIVIL APPLICATION NO. 11563 OF 2024 IN ARBA/10/2021

WITH

CIVIL APPLICATION NO. 11566 OF 2024 IN ARBA/11/2021

WITH

CIVIL APPLICATION NO. 11557 OF 2024 IN ARBA/8/2021

WITH

CIVIL APPLICATION NO. 7043 OF 2025 IN ARBA/5/2021

WITH

CIVIL APPLICATION NO. 11556 OF 2024 IN ARBA/13/2021

WITH

CIVIL APPLICATION NO. 11565 OF 2024 IN ARBA/5/2021

WITH

CIVIL APPLICATION NO. 7046 OF 2025 IN ARBA/8/2021

2 911

WITH

CIVIL APPLICATION NO. 7050 OF 2025 IN ARBA/13/2021

WITH

CIVIL APPLICATION NO. 7052 OF 2025 IN ARBA/9/2021

WITH

CIVIL APPLICATION NO. 11562 OF 2024 IN ARBA/4/2021

WITH

CIVIL APPLICATION NO. 7049 OF 2025 IN ARBA/10/2021

WITH

CIVIL APPLICATION NO. 11560 OF 2024 IN ARBA/7/2021

WITH

CIVIL APPLICATION NO. 7053 OF 2025 IN ARBA/7/2021

WITH

CIVIL APPLICATION NO. 11559 OF 2024 IN ARBA/9/2021

Advocate for Applicants in applications for withdrawal of amount : Mr. Mukul S. Kulkarni

Advocate for NHAI : Mr. D. P. Madkar h/f. Mr. D. S. Manorkar

CORAM : ARUN R. PEDNEKER, J. DATE : 07.03.2026

PER COURT:

Heard.

The claimants’ lands are affected by the National

Highway and, as such, the Competent Authority Land Acquisition

3 911

(CALA) has awarded compensation of Rs.1990/- per Square Meter in all these cases. The Arbitrator enhanced by Rs.2910/- per Square Meter and the application under Section 34 of the Arbitration and Conciliation Act, 1996 is dismissed.

Accordingly, the Arbitration Appeals under Section 37 of the Arbitration and Conciliation Act, 1996 are filed, wherein 50% of the outstanding amount is deposited. The amounts deposited are meager ranging between Rs.82000/- to Rs.2,30,000/-.

Considering the same, the applicants in civil applications for withdrawal of amount are permitted to withdraw the entire 50% amount deposited in this court along with accrued interest thereon, on an undertaking that in the event the Arbitration Appeals are allowed they would remit the amount back within four (04) weeks thereafter.

Civil Applications No.7045 of 2025, 7048 of 2025, 7049 of 2025, 7050 of 2025, 7052 of 2025 and 7053 of 2025 for withdrawal of amount are allowed and disposed of accordingly.

[ARUN R. PEDNEKER, J.]

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