NHAI appeal against judgment upholding arbitral enhancement in a land acquisition award; appellant's counsel filed a memo seeking withdrawal and the Division Bench dismissed the appeal as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:20711-DB COMAP No. 331 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA COMMERCIAL APPEAL NO. 331 OF 2023
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE DOOR NO. 3-29, “BETHEL” THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE - 575002 REP. BY ITS PROJECT DIRECTOR ABDULLA JAVED AZMI.
…APPELLANT
(BY SMT. PRIYADARSHINI – ADVOCATE FOR SRI. PRAKASHA ANGADI B V - ADVOCATE)
AND:
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
NH-75(48), HASSAN B.C.ROAD DIVISION OPPOSITE HDCC BANK HASSAN-573201.
…RESPONDENTS
(BY SRI. MAHANTESH SHETTAR – AGA FOR RESPONDENTS NO.2 & 3)
THIS COMAP FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 03/07/2023 IN THE SUIT A.P.NO.153/2022 PASSED BY THE COURT IV-ADDL.DISTRICT JUDGE AND COMMERCIAL COURT, D.K.DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD / ORDER IN NO.C.DIS.ARB(3)NH/LAQ/CR-287/2017-18 DATED 26/07/2022 PASSED BY THE 2ND RESPONDENT INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AND ALLOW THE APPEAL WITH COST.
THIS COMAP, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant challenging the judgment and award rendered by the Court below in A.P.No.153/2022 dated 03.07.2023 by urging various grounds.
Learned counsel Smt.Priyadarshini for the appellant
is present before the Court physically and represents Sri Prakash Angadi B.V. who is on record. She has filed a memo seeking withdrawal of the appeal.
The memo is taken on record. Accordingly, the
appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/JUDGE
DKB
1 provisions across 1 enactments
National Highways Authority of India, Project Implementation Unit-Mangalore
Sri U.P. Verghese
The Arbitrator and Deputy Commissioner D.K. District
The Special Land Acquisition Officer and Competent Authority, NHAI
K. Somashekar
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
