Commercial appeal by NHAI against a land acquisition arbitral award enhancement was withdrawn by the appellant; leave granted and appeal dismissed as withdrawn with no costs.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA COMAP NO. 336 OF 2023
BETWEEN:
…APPELLANT
(BY SMT. PRIYADARSHINI, ADVOCATE FOR SRI PRAKASH ANGADI B.V, ADVOCATE)
AND:
Digitally signed by VASANTHAKUMARY B K Location: High Court of Karnataka
OPPOSITE HDCC BANK HASSAN – 573 201.
…RESPONDENTS
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(a) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 11/01/2023 IN THE SUIT A.P.NO.73/2022 PASSED BY THE COURT OF 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-72/2018-19 DATED 19/04/2022 PASSED BY THE 2ND RESPONDENT INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE.
THIS COMAP, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE , DELIVERED THE FOLLOWING:
JUDGMENT
Office has raised an objection that learned advocate for the appellant has not signed the memo dated December 12, 2023 seeking leave to withdraw the appeal.
withdrawn.
consideration and they stand disposed of.
No costs.
Sd/CHIEF JUSTICE
Sd/JUDGE
KPS List No.: 1 Sl No.: 21
1 provisions across 1 enactments
National Highways Authority of India, Project Implementation Unit-Mangalore
Sri Shaji U.V.
The Arbitrator and Deputy Commissioner, D.K. District
The Special Land Acquisition Officer and Competent Authority, NHAI NH-75(48) Hassan-B.C Road Division
P.S. Dinesh Kumar
T.G. Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
