IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA th ON THE 27 OF NOVEMBER, 2025 ARBITRATION APPEAL No. 44 of 2022 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS)

Versus SMT SOBHA JAIN AND OTHERS Appearance:

Shri Ashish Saraswat with Shri H.K. Goyal– Advocates for appellant.

Shri S.K. Jain with Shri Akshat Jain – Advocates for respondents.

JUDGMENT

1. This arbitration appeal under section 37(1)(C) of Arbitration and Conciliation Act has been filed against the order dated 14.02.2022 passed by Fourth District Judge, Shivpuri in MJC AV No.35/2018, by which the application filed under section 34 of Arbitration and Conciliation Act has been allowed, and the award dated 28.08.2017 passed by Arbitrator cum Divisional Commissioner, Division, Gwalior in case No.193/2015-16/jk-jk-ekxZ has been set aside.

2. Challenging the award passed by the Court below, it is submitted by counsel for appellant that in an identical case, this Court by judgment dated 25.07.2025 passed in A.A. No.37/2022 [The National Highways Authority of India (Ministry of Road Transport and Highways) Govt. of India Vs. Sanjay Kumar and Others], it was h