JUDGMENT :

Niral R. Mehta, J.

1. This appeal under Section 37(3) of the Arbitration and Conciliation Act, 1996 (for short, “the Act, 1996”) is at the instance of the National Highways Authority of India (original defendant No.2) and is directed against the judgment and order passed by the 10th Additional District Judge, Kachchh – Bhuj dated 22nd February 2021 in the Civil Miscellaneous Application No.103 of 2018 filed by the respondent No.1 herein (original applicant) under Section 34 of the Act, 1996, whereby the Court below partly allowed the application enhancing the compensation in favour of the original applicant.

2. We need not delve much into the facts giving rise to this litigation as the order passed by a Coordinate Bench of this Court, to which one of us (J. B. Pardiwala, J.) was a party, would make the picture clear. We quote the order as under:

“1. We have heard Mr. Maulik Nanavaty, the learned counsel appearing for the appellant – National Highway Authority of India and Mr. Mehul Sharad Shah, the learned counsel appearing for the claimant (original applicant).

2. This