(1) 9 AA 217-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR ARBITRATION APPEAL NO. 217 OF 2026 Union Of India, Executive Engineer, CPWD, Nagpur VERSUS Ramdas Construction Company, Nagpur And Another -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mrs. A.A. Athalye, Advocate for petitioner CORAM : NANDESH S. DESHPANDE, J. DATED : 29.09.2026 Heard Mrs. Athalye, learned Counsel for the petitioner. This is an appeal under Section 37 of the Arbitration and Conciliation Act, challenging the award as well as the order of the District Judge, confirming the said award. 2. It is a specific contention of the appellant that clause - 2 of the agreement appearing on page No. 59 of the record is not arbitrable. She also draws my attention to the reasoning of the Arbitrator appearing at page No. 18 at point 05.03.02, which have been confirmed by the District Judge, on the premise that if the levy of compensation and interest was outside the purview of the arbitrator, the applicant herein might not have set aside the earlier arbitration award arising out of the same agreement. On (2) 9 AA 217-2026 that premise, the District Judge has proceeded to reject the application filed by the appellant, challenging the award. 3. Reliance has been placed on judgment of the Hon’ble Apex Court reported in (2020) 3 SCC Page 222, Mitra Guha Builders vs. ONGC Limited, and more particularly Paragraph Nos. 17, 19, and 23, which according to the learned Counsel for the appellant, covers the issue. 4. In that view of the matter, issue notice to the respondents, returnable after four weeks. CIVIL APPLICATION NO. 249 of 2026 This is an application under the provisions of Order 41 Rule 5 of the C.P.C. for grant of stay. As I have already observed while issuing notice to the appeal, a prima facie case has been made out by the appellant. Furthermore, a statutory appeal, i.e. the present one, is pending before this Court. In that view of the matter, ad-interim relief in terms of prayer Clause (i). 2. It is specifically contended that, even though not mentioned in the application for stay, that an execution has been filed bearing Arbitration R.D. No. 339/2023, wherein an order of attachment is passed. 3. In that view of the matter, further proceedings in the said Arbitration R.D. No.339/2023 are hereby stayed till further orders. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 30/09/2026 20:58:20