(1) 61 aa 25-2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR ARBITRATION APPEAL NO. 25 OF 2022 M/s Shivam Paper Mill, Gumgaon Thr. Prop. Pankaj Manohar Kannamwar VERSUS National Small Industries Corp. Ltd., New Delhi Branch Office At Nagpur And Another WITH ARBITRATION APPEAL NO. 19 OF 2022 National Small Industries Corporation, Nagpur VERSUS M/s Shivam Paper Mill, Gumgaon Thr. Prop. Shri Pankaj S/o Manohar Kannamwar And Another -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. S.P. Kshirsagar, Advocate for petitioner and respondents in respective petitions Mr. V.M. Vishwarupe, Advocate for petitioner and respondents in respective petitions. CORAM : NANDESH S. DESHPANDE, J. DATED : 04.09.2026 Both these appeals are decided by common judgment they being cross appeals and both the parties have chosen to challenge the same judgment. The judgment is of the District Judge-2, Nagpur, in Miscellaneous Civil Application No. 556 of 2018. By way of said judgment the District Judge, by exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, has modified Clause - 4 of the Arbitral Award dated 15.11.2010 passed by the Arbitral Tribunal. It is the contention of the learned Counsel, (2) 61 aa 25-2022 Mr. Kshirsagar, appearing for the appellants in Arbitration Appeal No. 25 of 2022, and Mr. Vishwarupe, appearing in Arbitration Appeal No. 19 of 2022, that the same could not be done. They relied upon the judgment reported in (2025) 7 SCC 1, I Gayatri Balasamy vs. ISG Novasoft Technologies Limited, to buttress their submissions. 2. In that view of the matter, both the arbitration appeals are allowed and the impugned judgment dated 29.10.2021 passed by the District Judge – 2, Nagpur in M.C.A. No. 556/2018 is set aside. The matter is remitted back to the District Judge for fresh adjudication in accordance with Rules. 3. It is also made clear that the District Judge will also decide the objection raised by the appellant in Arbitration Appeal No. 25 of 2022 regarding jurisdiction. 4. Both appeals are thus allowed and disposed of. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 09/09/2026 10:45:32