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. 63 of 2021 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS)

Versus KUSUM JAIN Appearance:

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

Shri Rohit Bansal – Advocate for respondent.

JUDGMENT

1. This arbitration appeal has been filed under Section 37(1)(C) of the Arbitration and Conciliation Act against the order dated 24/2/2021 passed by Fourth Additional District Judge, Shivpuri (M.P.) in case number MJC AV 33/2018 by which the application filed under Section 34 of the Arbitration and Conciliation Act has been allowed and the award dated 24/7/2017 passed by the Arbitrator-cum-Divisional Commissioner, Division Gwalior, in Case No. 141/15- 16/jk-jk-ekxZ, has been set aside and the matter has been remanded back to the Arbitrator-cum-Divisional Commissioner, Gwalior, for re-adjudication.

2. It is submitted by counsel for appellant that in the year 2022, the Collectors of every district where the property is situated have been made the Arbitrators. But prior thereto, the Commissioners of a rev