LAWS(BOM)-2023-3-320

OMANAND INDUSTRIES, NAGPUR A REGISTERED PARTNERSHIP FIRM, THROUGH ITS PARTNER SHRI LILADHAR S/O.RAMJIBHAI PATEL Vs. SECRETARY TO THE GOVERNMENT OF INDIA

Decided On March 31, 2023
Omanand Industries, Nagpur A Registered Partnership Firm, Through Its Partner Shri Liladhar S/O.Ramjibhai Patel Appellant
V/S
SECRETARY TO THE GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) Heard Shri S.P. Bhandarkar, learned counsel for the petitioners and Ms T.H. Khan, Mrs. M.A. Barabde and Shri N.R. Patil, learned Assistant Government Pleaders for the respondents/State. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the rival parties.

(2.) All these petitions raise the same challenge and therefore are being decided by this common judgment. For the sake of brevity the facts in Writ Petition No.6850/2022 are being taken for consideration of the challenge.

(3.) The petition challenges the award dtd. 06/09/2013 passed by the Arbitrator under Sec. 3-G (5) of the National Highways Act, 1956 (for short, "the N.H. Act" hereinafter) in Arbitration Case No.62/2012 and seeks its modification. The factual position in the instant matter can be encapsulated as under :-