Kalidas Baburao Mali v. The Project Director, National Highway Authority Of India, Naded And Other

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 ARBITRATION APPLICATION NO.26 OF 2019 LAXMAN BABURAO MALI 2 ARBITRATION APPLICATION NO.27 OF 2019 BHARAT BABURAO MALI ALIAS KSHIRSAGAR INDIA, NANDED AND OTHER 3 ARBITRATION APPLICATION NO.28 OF 2019 RAMACHARYA PRALHADCHARYA JEVALIKAR 4 ARBITRATION APPLICATION NO.29 OF 2019 BHARAT NARHARI SHINDE INDIA, NANDED AND OTHER 5 ARBITRATION APPLICATION NO.39 OF 2019 RAMA BABURAO MALI

6 ARBITRATION APPLICATION NO.40 OF 2019 VASANT BABURAO KSHIRSAGAR 7 ARBITRATION APPLICATION NO.41 OF 2019 KALIDAS BABURAO MALI 8 ARBITRATION APPLICATION NO.42 OF 2019 SHAMKANT HANUMANT JAVALIKAR AND OTHER 9 ARBITRATION APPLICATION NO.43 OF 2019 MANOHAR DASRAO KALE 10 ARBITRATION APPLICATION NO.44 OF 2019 BALAJI BABURAO MALI ALIAS KSHIRSAGAR

11 ARBITRATION APPLICATION NO.2 OF 2020 VISHVAMBHAR KISAN PAWAR INDIA, NANDED AND OTHER 12 ARBITRATION APPLICATION NO.3 OF 2020 SHATGRUGHNA BABURAO MALI ALIAS KSHIRSAGAR ...

Advocate for Applicants : Mr. M. B. Kolpe h/f Mr. V. B. Deshmukh Advocate for Respondent no.2 : Mr. R. B. Bhosale and Mr. A. B. Dhongade, in respective matters ...

CORAM : AVINASH G. GHAROTE, J.

DATED : 9th JULY, 2021.

...

PER COURT :

1.

Mr. M. B. Kolpe, holding for Mr. V. B. Deshmukh, submits that the above matters are identical, to Arbitration Application No.1 of 2019 decided on 07/07/2021. Mr. Bhosale and Mr. Dhongade, learned counsel for the respondents agree to the same, which position has been accepted in their replies in para no.3, which are taken on record.

2.

I have already held, in Arbitration Application 01 of

2019, that since these matters, challenge the award passed by the arbitrator under Section 3-G(5) of the National Highways Act, 1956 and Arbitration and Conciliation Act, 1996, is applicable and thus the proceedings under Section 34 shall lie before the District Judge, Osmanabad.

3.

The present matters are also identical, in view of which the registry is therefore directed to transmit these matters to the Court of District Judge, Osmanabad, who upon receipt of the matters, shall register them appropriately. The parties to appear before the District Judge, Osmanabad on 09th August, 2021, before which date, the Registry shall ensure transmission of the record in the present proceedings to the ofce of the District Judge, Osmanabad.

(AVINASH G. GHAROTE, J.) vsm/-