The High Court of Karnataka heard a Commercial Appeal filed by NHAI to set aside an arbitral award. The appellant filed a memo seeking to withdraw the appeal due to approval of award implementation. The court dismissed the appeal as withdrawn.
Appeal dismissed as withdrawn.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:20080-DB COMAP No. 370 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA COMMERCIAL APPEAL NO. 370 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 THE PROJECT DIRECTOR ABDULLA JAVED AZMI.
…APPELLANT
(BY SRI. PRAKASHA ANGADI B V - ADVOCATE)
AND:
Digitally signed by 1. SMT. B N PRAMILA DEVI SUMATHY D/O B N MOORTHI KANNAN R/AT BEHIND PETROL BUNK Location: High AMBEDKAR NAGAR Court of Karnataka P O AJJAMPURA-577457 TARIKERE TALUK CHIKMAGALUR DISTRICT.
OPPOSITE HDCC BANK HASSAN.
…RESPONDENTS (BY SRI. BHOJEGOWDA T KOLLER – AGA FOR RESPONDENT NO.2; VIDE ORDER DATED 22.01.2024, NOTICE TO RESPONDENT NO.3 IS DISPENSED WITH - ADVOCATE)
THIS COMAP FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 07/08/2023 IN THE SUIT A.P.NO.151/2022 PASSED BY THE HON’BLE IV-ADDL. DISTRICT AND SESSIONS JUDGE, D.K. DISTRICT, MANGALORE AND CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD/ORDER IN NO. C.DIS.ARB(3)NH/ LAQ/CR-206/2017-18 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 filed by the National Highways Authority of India seeking to set aside the judgment dated 07.08.2023 in A.P.No.151/2022 and consequently to set aside the arbitral award dated 26.07.2022 passed by the second respondent / Special Land Acquisition Officer.
filed a memo dated 15.02.2024 seeking to withdraw the
NC: 2024:KHC:20080-DB COMAP No. 370 of 2023
present appeal, in view of the approval of the Competent
Authority for implementation of the Arbitral Award.
on record and the appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
KS
National Highways Authority of India Project Implementation Unit Mangalore
B.N. Pramila Devi Sumathy
The Arbitrator and Deputy Commissioner D.K. District
The Special Land Acquisition Officer
K. Somashekar
Dr. Justice Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
