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Supreme Court of India 2022-08-24 partly_allowed

National Highways Authority of India vs Sheetal Jaidev Vade & Ors

Bench: 2 — M. R. Shah, B. V. Nagarathna

In Brief

The National Highways Authority of India (NHAI) challenged a High Court order directing it to deposit compensation awarded to original land owners by an arbitrator. The Supreme Court held that High Courts should not entertain writ petitions to execute arbitral awards when judgment creditors have an alternative statutory remedy through execution proceedings before Executing Courts. Entertaining such petitions would flood High Courts with execution-related writ petitions. However, the Court modified the High Court's order by directing NHAI to deposit 50% of the compensation unconditionally with the Executing Court within four weeks, while holding the balance pending final determination of the Section 34 challenge proceedings.

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Arbitration Writ Jurisdiction Land Acquisition Execution of Awards Constitutional Law Civil Procedure

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