Madhavrao S/O Balaji Nimbalkar (Dead) Thr Lrs v. The Arbitrator )Additional Commissioner) And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (M) NO. 200 OF 2025 IN ARBITRATION APPEAL (STAMP) NO. 24131 OF 2024 ( MADHAVRAO S/O BALAJI NIMBALKAR (DEAD) THR LRS NARENDRA MADHAVRAO NIMBALKAR AND OTHERS VS THE ARBITRATOR (ADDITIONAL COMMISSIONER) AND OTHERS ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. A. M. Quazi, Advocate for applicants.

Ms. H. N. Prabhu, AGP for respondents No.1 and 3. Mr. A. A. Kathane, Advocate for respondent No.2. CORAM :

ROHIT W. JOSHI, J.

DATED :

APRIL 17, 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 No.2 - National Highways Authority of India has filed objection under Section 34 of the Arbitration 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. Madhavrao has expired on 29/10/2022, while Arbitration Case Nos.64/2020 was pending before the learned District Judge-9, Nagpur.

KOLHE

2 13-cam 200.2025.odt 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, passed in Arbitration Case Nos.64/2020 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 case, Civil Application for leave to file appeal is allowed. ( ROHIT W. JOSHI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 18/04/2026 10:18:15