National Highways Authority of India Through its Project Director Shivaji Vasant Pawar v. Nawab Mehbub Khatik and Another
CA/2149/2025 · 2025-07-04
Shri Rohit W Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9291 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9291 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
908 CA NO. 2149 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 2149 OF 2025 IN ARBAST/4917/2025 National Highways Authority Of India Through Its Project Director Shivaji Vasant Pawar VERSUS Nawab Mehbub Khatik And Another WITH CIVIL APPLICATION NO. 2146 OF 2025 IN ARBAST/4917/2025 ... • Mr. Rahate Satyajeet Jadhavrao, Advocate for Applicant • Mr. D. D. Pande, Advocate for Respondent No. 1 ...
CORAM : ROHIT W. JOSHI, J. DATE : JULY 04, 2025 O R D E R : Civil Application No. 2149 of 2025 –
1. This is an application for condonation of delay in filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996. The
judgment impugned is delivered on 05.09.2024. The applicant had made application for grant of certified copy on 02.01.2025. The certified copy is received on 24.01.2025 and on the same day, the present appeal is filed through e-filing. Although, status report of the case shows the date of filing as 11.02.2025, the office note indicates that the matter was filed on 24.01.2025 and the office objections were removed on 06.02.2025. The prescribed period of limitation for filing appeal is 90 days and as such there is a delay of 24 days in filing of the appeal. komal kamble
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908 CA NO. 2149 OF 2025
2. For the reasons mentioned in the application, which are not controverted by filing reply, the delay of 24 days caused in filing appeal is condoned.
3. The civil application is disposed of. Civil Application No. 2146 of 2025 –
4. Time for depositing the amount is extended by a period of one week. Office to accept the cheque.
5. Subject to deposit of the entire amount in terms of order dated 09.05.2025 the execution of the award shall remain stayed pending the final disposal of the appeal. The respondents – land owners will be at liberty to make a motion for withdrawal of the amount deposited.
6. The execution proceedings are stayed vide order dated
09.05.2025. Learned counsel for the respondents – land owners submits that he wants to file an application for amendment of the Darkhast proceedings. Learned Executing Court shall accept the application for amendment and pass appropriate orders thereon. The interim order passed by this Court shall not be a hindrance for deciding the application for amendment.
[ROHIT W. JOSHI, J.] komal kamble
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