Sanjay S/O Rambhau Mehatre v. Union Of India Thr. Secr. Ministry Of Shipping, Road Transport And Highways, New Delhi And Others
1 wp 3083-2021 .odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3083 OF 2021 Subhash Purushottam Deshmukh Aged about 76 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tq. & District Wardha
2 wp 3083-2021 .odt WRIT PETITION NO. 3750 OF 2021 Gajanan Rameshwar Mude, Aged years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha WRIT PETITION NO. 3766 OF 2021 Narendra Dattatray Waghale, Aged years, Occu. Agriculturist, R/o Salod, Post- Salod,
3 wp 3083-2021 .odt Tq. & District - Wardha WRIT PETITION NO. 3751 OF 2021 Ganpat S/o Punjaram Borkar, Aged years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
4 wp 3083-2021 .odt WRIT PETITION NO. 3775 OF 2021 Uddhav Gulabrao Deshmukh, Aged years, Occu. Agriculturist, R/o Salod, Post- Salod, Tah. & District - Wardha
5 wp 3083-2021 .odt WRIT PETITION NO. 3767 OF 2021 Datta S/o Maroti Raut, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
6 wp 3083-2021 .odt WRIT PETITION NO. 3757 OF 2021 Avinash S/o Janardan Kubde, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod Tah. & District - Wardha
7 wp 3083-2021 .odt WRIT PETITION NO. 3781 OF 2021 Dhanraj S/o Madhukar Ikhar, Aged years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
8 wp 3083-2021 .odt WRIT PETITION NO. 3762 OF 2021 Ramesh S/o Pandurang Mude, Aged years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
9 wp 3083-2021 .odt WRIT PETITION NO. 3764 OF 2021 Dnyaneshwar Shamrao Kasatwar, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha WRIT PETITION NO. 3753 OF 2021 Indubai Manikrao Borkar, Aged years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur,
10 wp 3083-2021 .odt Tah. Seloo, District - Wardha WRIT PETITION NO. 3777 OF 2021 Dhiraj Homdev Bhure, Aged 36 years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
11 wp 3083-2021 .odt WRIT PETITION NO. 3752 OF 2021 Shubham Subhash Bhure, Aged 24 years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
12 wp 3083-2021 .odt WRIT PETITION NO. 3756 OF 2021 Ashokrao S/o Bapurao Rode, Aged 60 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. Seloo & District - Wardha
13 wp 3083-2021 .odt WRIT PETITION NO. 3754 OF 2021 Satish S/o Atmaram Borkar, Aged 55 years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
14 wp 3083-2021 .odt WRIT PETITION NO. 3776 OF 2021 Sanjay S/o Rambhau Mehatre, Aged 56 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
15 wp 3083-2021 .odt WRIT PETITION NO. 3755 OF 2021 Chandrakant Rambhau Mehatre, Aged 62 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha WRIT PETITION NO. 3778 OF 2021 Shashank Ramchandra Mude, Aged years, Occu. Agriculturist,
16 wp 3083-2021 .odt R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha WRIT PETITION NO. 3774 OF 2021 Aruna Ramrao Wandile, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
17 wp 3083-2021 .odt WRIT PETITION NO. 3779 OF 2021 Lipika Alok Biswas, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
18 wp 3083-2021 .odt WRIT PETITION NO. 3773 OF 2021 Janardan S/o Vithoba Dhavne, Aged years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
19 wp 3083-2021 .odt WRIT PETITION NO. 3770 OF 2021 Dnyaneshwar Marotrao Talwekar, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
20 wp 3083-2021 .odt WRIT PETITION NO. 3759 OF 2021 Wanmala Subhash Humne, Aged 51 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
21 wp 3083-2021 .odt WRIT PETITION NO. 3748 OF 2021 Deorao Khushabrao Fating, Aged 64 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
22 wp 3083-2021 .odt WRIT PETITION NO. 3763 OF 2021 Sudam S/o Shamrao Raut, Aged 55 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha WRIT PETITION NO. 3772 OF 2021 Indubai Pandurang Raukar, Aged 79 years, Occu. Agriculturist, R/o Salod, Post - Salod,
23 wp 3083-2021 .odt Tah. & District - Wardha WRIT PETITION NO. 3749 OF 2021 Dhanraj S/o Madhukar Ikhar, Aged 51 years, Occu. Agriculturist, R/o Gondapur, Post Kanhapur, Tah. Seloo, District - Wardha
24 wp 3083-2021 .odt WRIT PETITION NO. 3765 OF 2021 Gajanan Rameshwar Mude, Aged 45 years, Occu. Secretary, Maroti Devasthan Kameti, Gondpur, R/o Gondpur, Post - Kanhapur, Tah. Seloo, District - Wardha
25 wp 3083-2021 .odt WRIT PETITION NO. 3782 OF 2021 Avdhoot Haribhau Kamdi, Aged 54 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
26 wp 3083-2021 .odt WRIT PETITION NO. 3758 OF 2021 Satish Purushottam Deshmukh, Aged 77 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
27 wp 3083-2021 .odt WRIT PETITION NO. 3768 OF 2021 Subhash Pandurang Ruikar, Aged 36 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
28 wp 3083-2021 .odt WRIT PETITION NO. 3780 OF 2021 Kishor Dnyaneshwar Madavi, Aged 44 years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
29 wp 3083-2021 .odt WRIT PETITION NO. 3771 OF 2021 Mandakini Dnyaneshwar Talwekar, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha WRIT PETITION NO. 3761 OF 2021 Ramji S/o Balkrushna Mehatre, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
30 wp 3083-2021 .odt WRIT PETITION NO. 3760 OF 2021 Rajesh s/o Narayan Hatwar, Aged years, Occu. Agriculturist, R/o Salod, Post - Salod, Tah. & District - Wardha
31 wp 3083-2021 .odt -------------------------------------------------------------------------------------------- Shri Bhushan Dafle, Advocate for petitioner Shri P.V. Navlani, Advocate for respondent No.1 Shri K.L. Dharmadhikari, AGP for respondent Nos. 2, 4 and 5 Shri A.A. Kathane, Advocate for respondent No.3 -------------------------------------------------------------------------------------------- CORAM : N.B. SURYAWANSHI, J.
DATE : 06/10/2021
JUDGMENT
Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Advocates for the parties.
32 wp 3083-2021 .odt Since all these petitions raise similar question of law and facts, they were heard together and are being decided by this common order.
The petitioners are aggrieved by the orders passed by the Principal District Judge, Nagpur below Exh. 1, in the Arbitration Cases, thereby keeping the cases for hearing on the point of jurisdiction. The petitioners are claimants whose lands are acquired for the purpose of construction of National Highway. Awards in all the matters were passed on 08/02/2018 and 10/10/2018. The petitioners claimed enhanced compensation by filing Arbitration cases before Additional Commissioner, Nagpur, Division Nagpur i.e. Arbitrator under Section 3-G(5) of the National Highways Act, 1956. The Commissioner decided the Arbitration proceedings and enhanced the compensation. The Commissioner/Arbitrator passed award in the Arbitration proceedings on 08/01/2020 and 09/01/2020, granting enhancement of compensation.
The respondents being aggrieved by the awards passed by the Commissioners filed applications under Section 34 of the Arbitration
33 wp 3083-2021 .odt and Conciliation Act, 1956 before Principal District Judge, Wardha, praying for quashing and setting aside the said awards. 6.
The respondents filed applications under Order - 7, Rule - 10 of the Code of Civil Procedure seeking return of the plaints on the ground that Arbitration proceedings were conducted at Nagpur and therefore the proceedings challenging the arbitration award ought to have been filed in the Court at Nagpur. The petitioners have given no objection to the said applications. The learned Principal District Judge, Wardha, by relying on the order passed by this Court in Writ Petition No. 4248/2019, Omprakash S/o Ramnivas Varma and others Vs. Vijay Dwarkada Varma, held that the Court at Nagpur is having jurisdiction as the entire arbitration proceeding were held at Nagpur and nobody has raised objection in respect of the place of arbitration and returned the plaints to the respondents for presentation before appropriate Court. 7.
The respondents thereafter filed applications before the Principal District Judge, Nagpur which were registered by giving Arbitration Case (MCA) Nos. 114/2021, 148/2021, 149/2021, 147/2021, 143/2021, 113/2021, 106/2021, 155/2021, 146/2021, 116/2021, 151/2021, 145/2021, 148/2021, 118/2021, 157/2021,
34 wp 3083-2021 .odt 126/2021, 117/2021, 141/2021, 121/2021, 110/2021, 156/2021, 124/2021, 119/2021, 112/2021, 142/2021, 150/2021, 152/2021, 153/2021, 120/2021, 115/2021, 108/2021, 158/2021, 111/2021, 107/2021, 109/2021.
However by the orders passed below Exh. 1, on 03/05/2021, the learned Principal District Judge, Nagpur kept the cases for hearing on the point of jurisdiction. These orders are impugned in the present petitions.
8.
Heard Shri Dafle, learned Advocate for the petitioner, Shri Navlani, learned Advocate for respondent No.1, Shri Kathane, learned Advocate for respondent No.3 and Shri K.L. Dharmadhikari, learned Assistant Government Pleader for respondent Nos. 2, 4 and 5. 9.
The learned Advocates representing the respective parties fairly agree that the issue raised in the present petitions is covered by the decision of this Court in Writ Petition No.4248/2019, which is rendered in similar facts. The relevant observations in the said decision are as under:
"The parties could clearly agree to a place of arbitration even in the absence of such a place being specified in the arbitration clause. This could be ascertained from the conduct of the parties also. In the present case, it is an admitted
35 wp 3083-2021 .odt position that there was no dispute or controversy between the parties as regards Nagpur being the place of arbitration. Both parties appeared before the learned arbitrator appointed by this Court, at Nagpur and when the proceedings were initiated before the learned Arbitrator at Nagpur, neither of the parties raised any objection or dispute or controversy with regard to the place of arbitration being Nagpur." "Admittedly, the entire arbitration proceedings, pursuant to appointment of arbitrator by this Court, took place at Nagpur, without any objection being raised by either party and the award was pronounced and signed at Nagpur. Therefore, in the facts of the present case, sub-section (I) of section 20 of the said Act squarely applies, thereby showing that the parties agreed to Nagpur as place of arbitration."
"Once this conclusion is arrived at, it becomes clear that when the place of arbitration was Nagpur, it operated as a clause of exclusive jurisdiction in Courts at Nagpur."
10.
In the light of the above observations, it is clear that in terms of Section 20 (1) of the Arbitration Act, the parties are free to agree on the place of arbitration. Admittedly, entire arbitration proceedings were held at Nagpur and nobody raised an objection in respect of place of arbitration. The learned Principal District Judge, Wardha was therefore justified in relying on the observations in Omprakash Verma (supra) and has rightly allowed the applications filed by the respondents and returned the plaints for presentation before the appropriate Court.
36 wp 3083-2021 .odt 11.
In the light of the aforestated facts and circumstances, the learned Principal District Judge had no occasion to keep the cases for hearing on the point of jurisdiction. The point of jurisdiction is already covered by the judgment of this Court in Omprakash Verma (supra), according to which the Court at Nagpur has jurisdiction to entertain the proceedings filed by the respondents. The impugned orders passed by the learned Principal District Judge, Nagpur are therefore unsustainable and are liable to be quashed and set aside. Hence the following order. 12.
The impugned orders passed below Exh.1 in the arbitration cases challenged in the respective petitions, thereby keeping the cases for hearing on the point of jurisdiction by the learned Principal District Judge, Nagpur are hereby quashed and set aside. The Principal District Judge, Nagpur to proceed with the matters, in accordance with law. Rule is made absolute in the above terms. No order as to costs.
JUDGE J.Pethe..