1. Heard.

2. This Court in a dispute arising out of the agreement relating to performance of contract regarding the sale of a new flat, appointed a Sole Arbitrator, who passed an award refusing the specific performance and directing the petitioner to refund the amount.

3. The said award was the subject matter of challenge in Civil Misc. Application No.1240 of 2016 filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) before the Principal District Judge, Nagpur, who has allowed the application and thereby modified the award vide judgment and order dated 05/02/2019, which is impugned in the present writ petition.

4. Shri Kshirsagar, learned counsel for the appellant submits that in view of the judgment of the Hon’ble Supreme Court of India in the case of NHAI ..vs.. M. Hakeem, reported in (2021) 9 SCC 1 and the judgment of the Division Bench of this Court passed in Arbitration Appeal No.06 of 2015 and other connected appeals, the Principal District Judge has no authority or power under Section 34 of the Act of 1996 to modify the award.

5. It is submitted that the District Court under Section 34 of the Act of