Madhavrao S/O Balaji Nimbalkar v. The Arbitrator ( Additional Commissioner), Nagpur

2026:BHC-NAG:5578

14. CAM 182 of 2025.odt

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

14. CAM 182 of 2025.odt 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 Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 15/04/2026 11:54:04