MADHAVRAO S/O BALAJI NIMBALKAR (DEAD) THR LRS v. THE ARBITRATOR (ADDITIONAL COMMISSIONER), NAGPUR AND ORS
CAM/189/2025 · 2026-04-08
Shri Rohit Wasudeo Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3052 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3052 (BOM) · dailylaw.ai ]
Judgment text
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14. CAM 182 of 2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAM) NO.182/2025 IN ARBITRATION APPEAL ST. NO.1494/2025 Madhavrao S/o Balaji Nimbalkar (Dead) Through its Legal Heirs Narendra Madhavrao Nimbalkar and others ...Versus… The Arbitrator (Additional Commissioner), Nagpur and others WITH CIVIL APPLICATION (CAM) NO.189/2025 IN ARBITRATION APPEAL ST. NO.1499/2025 Madhavrao S/o Balaji Nimbalkar (Dead) Through its Legal Heirs Narendra Madhavrao Nimbalkar and others ...Versus… The Arbitrator (Additional Commissioner), Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. A.M. Quazi, Advocate for applicant Mr. H.D. Dubey, AGP for respondent Nos.1 and 3 Mr. A.A. Kathane, Advocate for respondent No.2
CORAM : ROHIT W. JOSHI, J.
DATE : 08/04/2026
1. The applicants are sons and widow of deceased Madhavrao Nimbalkar, the original claimant/landowner, who had initiated arbitration proceeding, seeking enhancement of compensation under the provisions of the National Highways Act, 1956.
2. The respondent – National Highways Authority of India has filed objection under Section 34 of the Arbitration 2026:BHC-NAG:5578
14. CAM 182 of 2025.odt 2 and Conciliation Act, 1996, challenging the arbitral award passed in favour of late Madhavrao Nimbalkar. The applications came to be allowed vide judgment and order dated 23/01/2023 and 12/01/2023 respectively. Madhavrao has expired on 29/10/2022, while Arbitration Case Nos.66/2020 and 88/2021 were pending before the learned District Judge-9, Nagpur.
3. The present applicants, who are his legal heirs, intend to file appeal in order to challenge the judgment and
order dated 23/01/2023 and 12/01/2023, passed in Arbitration Case Nos.66/2020 and 88/2021 respectively and seek leave to file appeal.
4. Since the applicants are Class-I legal heirs and legal representatives of deceased Madhavrao/respondent No.3 in the said arbitration cases, Civil Applications for leave to file appeal are allowed.
(ROHIT W. JOSHI, J.) Wadkar