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2026 DAILYLAW 1688 (BOM)

JAGANATH GOVINDRAO PHULARE v. UNION OF INDIA THROUGH ITS GENERAL MANAGER

CA/5595/2026 · 2026-07-31

Shri Abasaheb D Shinde, Shri N B Suryawanshi

body2026

Judgment text

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1 910.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 5595 OF 2026 IN CARBA/1/2026 JAGANATH GOVINDRAO PHULARE VERSUS UNION OF INDIA THROUGH ITS GENERAL MANAGER ... WITH COMMERCIAL ARBITRATION APPEAL NO. 1 OF 2026 WITH CIVIL APPLICATION NO. 1523 OF 2026 IN CARBA/1/2026 ... Advocate for the Applicant : Mr. Thigale Girish Kalidasrao Advocate for Orig. Applicant In CARBA No. 1/2026: Mr. Ajay Gajanan Talhar … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 31.07.2026 PER COURT : . IN CIVIL APPLICATION NO. 5595 OF 2026 IN CARBA/1/2026 . By this application, the applicant/original claimant seeks withdrawal of the amount deposited by the respondent/original appellant. The award came to be passed in favour of the applicant on 28.12.2018 of Rs.14,31,37,791. The said award was unsuccessfully challenged under Section 34 of the Arbitration and Conciliation Act, 1996 by the appellant. 2. Learned DSGI opposed the application stating that the original cost of the tender issued to the applicant was Rs.4,71,15,046/-. In this 2026:BHC-AUG:34341-DB 2 910.doc view of the matter, an exorbitant amount is awarded by the learned Arbitrator and therefore, the applicant may not be permitted to withdraw the amount. He further submits that Rs.10 crores were deposited before the District Court, which is already withdrawn by the applicant. 3. Learned Advocate for the applicant, in reply, submits that, the amount of Rs. 10 Crores towards bank guarantee was permitted to be withdrawn. He further submits that he has annexed a certificate of a Chartered Accountant stating that the total amount receivable by applicant is Rs.57,42,97,120/-. 4. Taking into consideration the fact that the award is passed in the year 2018 and that, by now, only amount Rs.10 crores is withdrawn, that too, which was deposited towards the bank guarantee, we are inclined to allow the application. The application is, therefore, allowed. 5. The applicant is permitted to withdraw amount of Rs. 14,31,37,791 of the award without any security, and the balance amount, alongwith accrued interest thereon, on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court. Civil application, accordingly, stands disposed of. ( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. ) vsj..