Mrs.Supriya Raju Mehta vs National Highway Authority Of ...
2022 Latest Caselaw 911 Bom

TAUSEEF
LAIQUEE
FAROOQUI
Digitally signed by
TAUSEEF LAIQUEE
FAROOQUI
Date: 2022.01.25
17:42:01 +0530

                      Tauseef                                   15-ARA.ST.15729.2021.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                             ARBITRATION APPEAL (STAMP) NO.15729 OF 2021
                                                WITH
                                 INTERIM APPLICATION NO.2609 OF 2021
                                                 IN
                             ARBITRATION APPEAL (STAMP) NO.15729 OF 2021


                      Mrs. Supriya Raju Mehta                    ...Appellant

                             Versus

                      National Highway Authority of India        ...Respondents
                      & Ors.
                                                 ----------

Mr. Rameshwar N. Gite for Appellant.

None for Respondents.

----------

                                                   CORAM : R. I. CHAGLA, J

                                                   DATE         : 25th JANUARY 2022

                      P.C.

1. None appears for the Respondents.

2. The Affdaait of seraice has been fled dated 24 th

September 2021, which shows that the proceedings haae been

seraed upon the Respondent No.1 on 6th September 2021.

Howeaer, the notice of today's date has not been seraed by the

Petitioner on the Respondents.

Tauseef 15-ARA.ST.15729.2021.doc

3. The Arbitration Appeal has been preferred from the

Judgment and Order dated 30th March 2021 in Arbitration Case

No.01 of 2020, passed by the learned Sessions Court,

Sindhudurg at Oros, District Sindhudurg by which the

Arbitration Case preferred by Respondent No.1 for setting aside

the Arbitration award on the ground that they were not made

necessary party to the proceeding for acquisition of land for

road and to pay compensation to the concerned person was

allowed and the Arbitration award was set aside. The

Arbitration Appeal is under Section 37 of the Arbitration and

Conciliation Act, 1996.

4. Considering that the notice of today's date has not

been seraed upon the Respondents, prior to considering

granting any ad-interim relief, it would be necessary to hear

the Respondents.

5. In aiew thereof, offce is directed to issue notice on

the Respondents, returnable on 11th February 2022. In

addition, the Petitioner shall serae the Respondents notice of

the next date by priaate notice and fle Affdaait of seraice on or

before the next date.

Tauseef 15-ARA.ST.15729.2021.doc

6. The Arbitration Appeal shall be placed on 11th

February 2022, under the caption for ad-interim relief.

[R. I. CHAGLA J.]