✦ Bombay High Court · 23 Jan 2023

SUSHILABAI MAHADU SHINDE v. THE ADDITIONAL COLLECTOR AND ARBITRATOR & Ors.

Writ Petition No. 8321 of 2022GAURI GODSE

Case at a glance

Provisions considered

Key paragraphs

  • Para 22. The petitioners have not filed execution proceedings as yet. The petitioners may file execution proceedings as permissible under the provisions of the Act. In the execution proceedings, if after reasonable time also, no orders are passed, then the petitioners may approach this Court. The…

Judgment

Cause title

Mr. Vikram S. Undre, Advocate for the petitioners

Mr. S. B. Pulkundwar, AGP for the respondents-State

Mr. S.S. Deve, Advocate for respondent No.3 15to21

CORAM :S.V. GANGAPURWALA, ACTING C. J. & GAURI GODSE, J. DATE : 23rd JANUARY, 2023

ORDER:

1.

We have heard Mr. Undre, the learned counsel for the petitioners. The learned counsel submits that award has been passed in favour of the petitioners. The National Highway Authority has filed an application under section 34 of the Arbitration and Conciliation Act challenging the arbitration award. The learned counsel submits that the National Highway Authority be directed to deposit the amounts. Mr. Deve, the learned counsel is appearing for respondent No.3.

2.

The petitioners have not filed execution proceedings as yet. The petitioners may file execution proceedings as permissible under the provisions of the Act. In the execution proceedings, if after reasonable time also, no orders are passed, then the petitioners may approach this Court. The petitioners are also at liberty to file such application in the pending application under section 34 of the Arbitration and Conciliation Act as permissible in law. With this observation, the writ petitions are disposed of. (GAURI GODSE, J) ( ACTING CHIEF JUSTICE ) JPChavan

Questions this judgment answers

Which statutory provisions did this judgment involve?

Arbitration and Conciliation Act, 1996 — s. 34.

Which court decided this case, and when?

Bombay High Court, on 23 Jan 2023. The bench was GAURI GODSE.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 8321 of 2022). ← Search more judgments