Virendra Kumar Kushaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 2706 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                   ON THE 14 th OF FEBRUARY, 2023
                ARBITRATION APPEAL No. 94 of 2021

BETWEEN:-
VIRENDRA KUMAR KUSHAHA S/O SHRI S.S.
KUSHWAHA, AGED ABOUT 68 YEARS, OCCUPATION:
BUSINESSMAN TIGHARAKALAN MAIHAR DISTT.
(MADHYA PRADESH)

                                                               .....APPLICANT
(BY SHRI DHARMENDRA SONI - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL  SECRETARY   MININSTRY   OF
      REVENUE VALLABH BHAWAN BHOPAL (MADHYA
      PRADESH)

2.    DIVISIONAL   COMMISSIONER REVENUE CUM
      ARBITRATOR UNDER THE NATIONAL HIGHWAY
      ACT 1956 REWA (MADHYA PRADESH)

3.    COLLECTOR S AT N A DISTT. SATNA (MADHYA
      PRADESH)

4.    COMPETENT       AUTHORITY UNDER   LAND
      ACQUISITION FOR NATIONAL HIGHWAY NO. 7
      NOW NATIONAL HIGHWAY NO. 30 CUM SUB
      DIVISIONAL OFFICER REVENUE MAIHAR DITT.
      SATNA (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI V. P. TIWARI - GOVERNMENT ADVOCATE)

      This appeal coming on for admission this day, th e court passed the
following:
                                   ORDER

The present arbitration appeal has been preferred by appellant against the

judgment dated 1.12.2021 (Annexure A-05) passed by the First District Judge, Maihar, district Satna, whereby his appeal preferred under section 34 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") has been dismissed on the point of limitation and his application under section 5 of the Limitation Act has also been rejected.

Resultantly, the appeal stands dismissed on the point of limitation. It is the submission of learned counsel for appellant that although land is situated at Maihar, district Satna, but the arbitration was held by Commissioner, Rewa Division, and he passed the order accordingly. The appellant intends to challenge the said order and erroneously he filed an appeal under section 34 of

the Act before District Judge, Satna, and same was decided by the said court and rejected the application on the point of limitation. But, according to him, the said authority has no jurisdiction to pass such order or to entertain it. The remedy lies before the competent civil court at Rewa. In support of his submission, he placed the order dated 5.5.2021 passed in Miscellaneous Petition No.1537/2021 (Madhya Pradesh Road Development Corporation v. Baisakhu alias Sadhu) by a co-ordinate Bench of this court. According to him, the seat of arbitrator was at Rewa and he decided it in his ex-officio capacity. Therefore, the appropriate jurisdiction is Civil Court, Rewa, and not Satna. In the said judgment, it has been held that jurisdiction of civil court would lie as per the seat of arbitrator and in the National Highways Authority matters, the Commissioner, Revenue Division, is the ex-officio arbitrator.

Learned counsel for the respondent-State opposed the prayer and prayed for dismissal of the appeal.

Heard.

Considering the submissions of counsel for the appellant and the law as

explained by the co-ordinate Bench of this court vide order dated 5.5.2021 passed in Miscellaneous Petition No.1537/2021 (Madhya Pradesh Road Development Corporation v. Baisakhu alias Sadhu) the appropriate remedy would be to file an appeal before Civil Court at Rewa.

Resultantly, the appeal stands allowed and the judgment dated 1.12.2021 passed by First District Judge, Maihar, district Satna, is hereby set aside. The appellant is at liberty to pursue his other remedies as per law.

Certified copy as per rules.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.14 17:03:21 +05'30'