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Kishor Devidas Gadade v. The Project Director, National Highway Authority Of India, Nanded And Other

2021-07-09Hon'Ble Shri Justice Avinash G. Gharote2 pages

903 arba 19-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 ARBITRATION APPLICATION NO.19 OF 2019 WITH ARB/23/2019 WITH ARB/20/2019 WITH ARB/25/2019 WITH ARB/21/2019 WITH ARB/22/2019 WITH ARB/24/2019 SHIVAJI LAXMIMAN BHALEKAR DIED THROUGH HIS L.RS. KHANDU SHIVAJI BHALEKAR AND OTHER

VERSUS

THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, NANDED AND OTHER ...

Advocate for Applicants : Mr. V. B. Deshmukh Advocate for Respondent no.2 : Mr. R. B. Bhosale Advocate for Respondents : Mr. A. B. Dhongade ...

CORAM : AVINASH G. GHAROTE, J.

DATED : 9th JULY, 2021.

...

PER COURT :

1.

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, to which Arbitration and Conciliation Act, 1996 is applicable and thus the proceedings under Section 34 shall lie before the District Judge, Osmanabad.

2.

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

903 arba 19-19.odt 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/-